(a) A determination of ineligibility shall be based only on a substantive evaluation of an applicant's completed and signed application, including all documentation required to establish eligibility under §853.5(a) of this subchapter (relating to Eligibility).
(b) Before making a determination of ineligibility, OIB staff shall provide the applicant or the applicant's representative, as appropriate, an opportunity to consult with OIB staff. OIB staff shall notify the applicant, or the applicant's representative, as appropriate, of an ineligibility determination. Notice shall be provided in accessible format and through accessible methods and in compliance with Texas Government Code §2054.460, if applicable. The notice shall include the following:
  (1) A brief statement of the ineligibility determination, with reference to the requirements under this chapter and any deficiencies;
  (2) The mailing date of the determination;
  (3) An explanation of the individual's right to an appeal;
  (4) The procedures for filing an appeal with the Agency, including applicable time frames;
  (5) The right to have a hearing representative, including legal counsel;
  (6) How to contact the Texas CAP, which is DRTx; and
  (7) The contact information to which the appeal must be sent.
(c) When appropriate, OIB staff may refer the applicant to other agencies and facilities.

Source Note: The provisions of this §853.6 adopted to be effective August 21, 2018, 43 TexReg 5392; amended to be effective May 6, 2024, 49 TexReg 3014