<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER OEMPLOYEE MISCONDUCT REGISTRY
RULE §711.1429How and when is the decision made after the EMR hearing?

(a) The administrative law judge will prepare a "Hearing Order" which will be mailed to the employee at the employee's last known mailing address. The Hearing Order must contain the following:

  (1) separate statements of the findings of fact and conclusions of law that uphold, reverse, or modify the findings as to whether:

    (A) the employee committed abuse, neglect, or financial exploitation; and

    (B) the abuse, neglect, or financial exploitation committed by the employee meets the definition of reportable conduct; and

  (2) if reportable conduct is found to have occurred:

    (A) a statement of the right of the employee to seek judicial review of the order; and

    (B) a statement that the finding of reportable conduct will be forwarded to the Department of Aging and Disability Services to be recorded in the Employee Misconduct Registry unless the employee timely files a petition for judicial review as provided in §711.1431 of this title (relating to How is judicial review requested?).

(b) The commissioner may designate a Hearing Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and DFPS policy. A Hearing Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.


Source Note: The provisions of this §711.1429 adopted to be effective March 1, 2002, 27 TexReg 955; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective September 1, 2010, 35 TexReg 6835; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective August 14, 2016, 41 TexReg 6081

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page