(a) In accordance with applicable legal provisions, the Agency does not, directly or through contractual or other arrangements, exclude, deny benefits to, limit the participation of, or otherwise discriminate against any individual on the basis of age, color, disability, national origin, political belief, race, religion, sex, or sexual orientation. For the purposes of receiving OIB services, the customer must be blind or have a low vision diagnosis or a significant visual impairment as defined in §853.1 of this chapter (relating to Definitions); however, that requirement is not considered discrimination against any individual on the basis of disability.
(b) OIB staff shall ensure the customer or the customer's representative, as appropriate, is notified in an accessible format about the rights included in subsection (a) of this section, and §853.21 of this chapter (relating to Customer Participation in the Cost of Services), when:
  (1) the customer applies for services;
  (2) OIB staff determines that a customer is ineligible for services; and
  (3) OIB staff intends to terminate services.
(c) Filing a complaint with DRTx:
  (1) A customer has the right to appeal a determination to the state's CAP. The CAP in Texas is implemented by DRTx.
  (2) DRTx advocates are not employees of the Agency. There are no fees for CAP services, which are provided by advocates and attorneys when necessary. Services are confidential.
  (3) A customer who is enrolled in OIB services, or the customer's representative, may file a complaint with DRTx alleging that a requirement of OIB was violated. The complaint does not need to be filed with OIB.

Source Note: The provisions of this §853.40 adopted to be effective August 21, 2018, 43 TexReg 5392; amended to be effective May 6, 2024, 49 TexReg 3014