(a) A person has a right to request a fair hearing whenever permanency care assistance benefits are denied, delayed, suspended, reduced, or terminated. The hearing, as described in §730.1102 of this title (relating to Definitions), provides the opportunity to have a decision or action made by a DFPS employee reviewed by a higher authority within DFPS.
(b) A request for fair hearing must be submitted to DFPS in writing, within 90 days of the decision or action being appealed.
(c) Additional information regarding the fair hearing process is contained in DFPS rules in Subchapter L, Fair Hearings, of Chapter 730 of this title (relating to Legal Services).
(d) Notwithstanding any other provision in this title, a person will not be granted a fair hearing to appeal the denial of permanency care assistance if any of the following conditions apply:
  (1) the person denied benefits was not a licensed or verified foster parent at the time the person applied for or was denied permanency care assistance;
  (2) the child for whom the application was made did not live with the person for at least 6 consecutive months while in the conservatorship of DFPS;
  (3) the person denied benefits became the managing conservator of the child prior to September 1, 2010; or
  (4) the child for whom extended permanency care assistance benefits were denied turned 18 years of age before October 1, 2010.

Source Note: The provisions of this §700.1057 adopted to be effective March 1, 2010, 35 TexReg 878