Sec. 10.63.07.08. Schedule of Hearing, Notice of Hearing, and Rights  


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  • A. If the application for admission to the program has been approved, the inpatient facility staff shall:

    (1) Schedule a hearing with the Office of Administrative Hearings;

    (2) Notify the legal service provider that the hearing has been scheduled;

    (3) Provide the individual with a copy of the application and proposed treatment plan; and

    (4) Provide the individual with a copy of the Notice of Hearing and Rights.

    B. The parent, guardian, or next of kin of an individual approved for admission to the program:

    (1) Shall be given notice of the hearing; and

    (2) May offer evidence and testify at the hearing.

    C. The notice of hearing and rights shall be on the form provided by the Administration and shall include:

    (1) The date, time, and place that the hearing will be held;

    (2) The legal authority for and purpose of the hearing;

    (3) A short statement explaining why the individual’s admission to the program is being sought;

    (4) The criteria set forth in Regulation .06 of this chapter that govern whether the individual shall be admitted to the program;

    (5) The individual’s right to consult with an attorney of the individual’s choice and, if the individual is unable to afford an attorney, the availability of representation at the hearing through the legal service provider; and

    (6) The individual’s rights at the hearing as set forth in Regulation .09 of this chapter.