Revision 10-3; Effective May 21, 2010
1810 Responsibility of the Agency Representative for Implementing Decisions
Revision 10-3; Effective May 21, 2010
When the hearings officer reverses the agency action on appeal, the agency representative is required to implement the order and enter implementation data in the TIERS, Hearings and Appeals, Decision Implementation module.
The agency representative has 10 days from the date the decision was issued to implement the hearing decision. If additional information is needed, the agency representative will contact the appellant and pend the implementation process. Once the additional information is received, the agency representative has three business days to complete the implementation.
The agency representative implements the hearing decision and enters the implementation information in the TIERS Hearings and Appeals, Decision Implementation module, including delays. (For more information on delays, see Item 1723, Delays in Issuing a Decision – 1 TAC §357.23(a)(3).)
1811 Delays in Implementing a Hearings Decision
Revision 11-1; Effective February 1, 2011
The following delay codes are applicable in specific circumstances and can only be used by program staff after a hearing decision has been issued and the worker is delayed in responding to the directives of the hearing officer.
- Circumstances beyond HHSC's control, such as fire, flood or other acts of nature. If D is used, the reason must be stated.
- Additional information/verification was needed from the appellant, and the appellant agreed to cooperate.
- Appellant refused to cooperate in providing additional information/verification.
Program staff enter delays in the TIERS Hearings and Appeal Module under Decision Implementation/Delays.
1820 Responsibility of the Agency Representative's Supervisor
Revision 10-1; Effective January 15, 2010
An alert is sent to the agency representative's supervisor via TIERS once the agency representative enters the implementation information in TIERS Hearings and Appeals, Decision Implementation module. Upon receipt of the alert, the agency representative supervisor must review and approve the agency representative's implementation actions.
Exception: DADS program staff not required to conduct a second level review.
Program staff have 10 days from the date on the hearing decision to implement the hearings officer's decision.