Texas Human Resources Code 31.0033 – Good Cause Hearing for Failure to Cooperate
(a) If the commission or Title IV-D agency determines that a person has failed to cooperate with the requirements of the responsibility agreement under § 31.0031, the person determined to have failed to cooperate or, if different, the person receiving the financial assistance may request a hearing to show good cause for failure to cooperate not later than the 13th day after the date the notice is sent under § 31.0032. If the person determined to have failed to cooperate or, if different, the person receiving the financial assistance requests a hearing to show good cause not later than the 13th day after the date on which the notice is sent under § 31.0032, the commission may not withhold or reduce the payment of financial assistance until the commission determines whether the person had good cause for the person’s failure to cooperate. On a showing of good cause for failure to cooperate, the person may receive a financial assistance payment for the period in which the person failed to cooperate, but had good cause for that failure to cooperate.
(b) The commission shall promptly conduct a hearing if a timely request is made under Subsection (a).
Terms Used In Texas Human Resources Code 31.0033
- Dependent: A person dependent for support upon another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) If the commission finds that good cause for the person’s failure to cooperate was not shown at a hearing, the commission may not make a financial assistance payment in any amount to the person for the person or the person’s family for the period prescribed by § 31.0032(a-1).
(d) The executive commissioner by rule shall establish criteria for good cause failure to cooperate and guidelines for what constitutes a good faith effort on behalf of a recipient under this section.
(e) Except as provided by a waiver or modification granted under § 31.0322, a person has good cause for failing or refusing to cooperate with the requirement of the responsibility agreement under § 31.0031(d)(1) only if:
(1) the person’s cooperation would be harmful to the physical, mental, or emotional health of the person or the person’s dependent child; or
(2) the person’s noncooperation resulted from other circumstances the person could not control.