(a) Who may file. A person, or authorized representative, who has received a notice of action may file an appeal of an action described in §26.202 of this subchapter (relating to Appealable Actions).

(b) Methods of filing. An appeal may be filed by any of the following methods:

(1) Certified, registered, or standard mail;

(2) Email;

(3) Facsimile;

(4) Courier service; or

(5) Hand delivery.

(c) Time for filing. An appeal must be filed within the following filing deadlines:

(1) FND Programs except the SFSP and suspension reviews relating to false or fraudulent claims. (A) Certified, registered, or standard mail: An appeal must be mailed to the department's docket clerk at the mailing address provided in the notice of action within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is postmarked on or before the filing deadline. (B) Email or facsimile: An appeal must be received by the department's docket clerk at the email address or facsimile number provided in the notice of action within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is electronically transmitted at any time before midnight central time on the filing deadline. (C) Courier service or hand delivery: An appeal must be delivered to the department at the physical address provided in the notice of appeal within fifteen (15) calendar days of the date of receipt, or deemed receipt, of the notice of action. An appeal is considered timely filed if it is received by the department before the close of business (5:00 p.m. central time) on the filing deadline. (D) If the filing deadline falls on a Saturday, Sunday, or holidays when the department is closed, then the filing deadline is the next business day. The department is not considered closed on skeleton crew days.

(2) SFSP and Suspension Reviews relating to false or fraudulent claims. The rules for filing an appeal specified in paragraph (1) of this subsection apply to SFSP appeals and suspension reviews relating to false or fraudulent claims, except the time for filing an appeal is within ten (10) calendar days of the date of receipt, or deemed receipt, of the notice of action.

(d) Form of appeal. An appeal must:

(1) be in writing;

(2) state the basis for the appeal and specify the action(s) being appealed;

(3) include a legible copy of the notice of action; and

(4) clearly state which type of appeal the appellant is seeking: (A) a review of written documentation submitted to the review official; or (B) a hearing conducted by the review official, which is informal and will be held in Austin, Texas. Failure to specifically request a hearing in the appeal letter shall constitute the appellant's waiver of the right to a hearing. The review official shall deny a request for a hearing submitted after the appeal letter has been received by the department's docket clerk, unless good cause is shown for failure to make a timely request. (C) The option for a hearing is not available in certain matters and is limited by §26.206 of this subchapter (relating to Abbreviated Appeals).

Source Note: The provisions of this §26.203 adopted to be effective November 27, 2022, 47 TexReg 7660