Current through Reg. 49, No. 49; December 6, 2024
Section 415.306 - Rights of the Individual(a) The individual and LAR have the right to represent themselves at the hearing or to be represented by a spokesperson of their choice.(b) The individual and LAR and their spokesperson(s) have the right to:(1) be present at the hearing; and(2) examine before the date of the hearing:(A) the hearing documentation referenced as § 415.307(3)(A) of this title (relating to Procedures and Requirements Specific to a Facility Review Board) unless an exception exists as provided by § 415.307(3)(B) of this title; or(B) the hearing documentation referenced as § 415.310(4)(A) of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board).(c) The individual and LAR or their spokesperson(s) have the right to:(1) present witnesses on the individual's behalf;(2) present evidence and establish all pertinent facts and circumstances;(3) present an argument on any issue involved;(4) cross-examine witnesses; and(5) respond to or refute any testimony or evidence.(d) The individual and LAR have the right to have each witness provide his/her testimony without other witnesses being present as described in § 415.305(g)(4) of this title (relating to Procedures and Requirements for All Review Boards).25 Tex. Admin. Code § 415.306
The provisions of this §415.306 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567