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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 559DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §559.33Opportunity to Show Compliance

(a) Before starting proceedings to revoke or suspend a license or deny an application for the renewal of a license, HHSC gives the applicant or license holder:

  (1) notice by personal service or registered or certified mail of the facts or conduct alleged to warrant the proposed action; and

  (2) an opportunity to show compliance with all requirements of law for the retention of the license by sending the director of the HHSC Regulatory Enforcement Section a written request for an opportunity to show compliance. The request must:

    (A) be postmarked within 10 days after the date of HHSC's notice and received in the state office of the director of the HHSC Regulatory Enforcement Section within 10 days after the date of the postmark; and

    (B) contain specific documentation refuting HHSC's allegations.

(b) HHSC's review is limited to a review of documentation submitted by the license holder and information used by HHSC as the basis for its proposed action and is not conducted as an adversary hearing. HHSC gives the license holder a written affirmation or reversal of the proposed action.


Source Note: The provisions of this §559.33 adopted to be effective July 10, 2024, 49 TexReg 4909

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