(a) A person may waive the right to a due process hearing:      
        (1) By not requesting a hearing according to §745.8837 of this division (relating to How does a person request a due process hearing?); or       
        (2) By submitting a written statement that waives the right to a due process hearing to the Legal Enforcement Department.       
      (b) If a person waives the right to a due process hearing:      
        (1) By not requesting a hearing according to §745.8837 of this division, the decision or action will be effective as noted in the chart:        
          Attached Graphic         
        (2) By submitting a written statement waiving the right to a hearing, the decision or action will be effective on the date the Texas Health and Human Services Commission receives the waiver.       
     Source Note:        The provisions of this §745.8855 adopted to be effective January 26, 2023, 48 TexReg 220