40 TAC § 730.1709. Authority
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Texas Administrative Code › Title 40 SOCIAL SERVICES AND ASSISTANCE › Part 19 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 LEGAL SERVICES › 40 TAC § 730.1709
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The release hearing is conducted pursuant to the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. The administrative law judge decides whether to uphold the abuse, neglect, or exploitation finding based on the evidence presented at the hearing. He has no authority to overrule state or federal statutes, policies, or regulations. The department has the burden of proof. The evidentiary standards applicable at the hearing are the same as those set forth in the program rules on which the finding or action is based.
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