(a) A state MR facility may discharge an individual who has been admitted or committed to a state MR facility if:
  (1) the individual is determined as a result of a DMR conducted in accordance with §415.155 of this title (relating to Determination of Mental Retardation (DMR)) to not have mental retardation;
  (2) the individual has been listed as an unauthorized departure for at least 30 calendar days and attempts to locate the individual have been unsuccessful; or
  (3) the individual with the ability to provide legally adequate consent or with an LAR moves from the state MR facility against staff advice.
(b) The state MR facility will notify the individual or LAR of a proposed discharge at least 31 calendar days prior to the date of the proposed discharge.
  (1) If the proposed discharge is because the individual is determined not to have mental retardation, as described in subsection (a)(1) of this section, the notice will specify that the individual or LAR has the right to request an administrative hearing to contest the findings of the DMR in accordance with §414.155 of this title (relating to Notice ).
  (2) If the proposed discharge is because the individual has been listed as an unauthorized departure as described in subsection (a)(2) of this section or individual is leaving the state MR Facility against staff advice as described in (a)(3) of this section, the notice will specify that the individual or LAR has the right to request an administrative hearing to contest the proposed discharge in accordance with §414.155 of this title (relating to Notice).

Source Note: The provisions of this §904.127 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397