| (a) HHSC may suspend a facility's license when the
facility's violation of the licensure rules threatens to jeopardize
the health and safety of clients.
(b) Suspension of a license may occur simultaneously
with any other enforcement provision available to HHSC.
(c) HHSC notifies the facility of its intent to suspend
the license, including the facts or conduct alleged to warrant the
suspension. The facility has an opportunity to show compliance with
all requirements of law for retention of the license as provided in
§559.33 of this chapter (relating to Opportunity to Show Compliance).
If the facility requests an opportunity to show compliance, HHSC gives
the license holder a written affirmation or reversal of the proposed
action.
(d) HHSC notifies the facility of a suspension of the
facility's license. If HHSC suspends a facility's license, the licensee
may request a formal appeal by following HHSC's formal hearing procedures
in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the
Administrative Procedure Act). A formal administrative hearing is
conducted in accordance with Texas Government Code, Chapter 2001,
and the formal hearing procedures in 1 TAC Chapter 357, Subchapter
I. The suspension takes effect when the deadline for appeal of the
suspension passes unless the facility appeals the suspension. If the
facility appeals the suspension, the status of the license holder
is preserved until final disposition of the contested matter. The
license holder must return the license to HHSC within 72 hours of
passing the appeal deadline or, if an appeal is filed, the final disposition
of the appeal.
(e) The suspension remains in effect until HHSC determines
that the reason for suspension no longer exists. A suspension may
last no longer than the term of the license. HHSC conducts an on-site
investigation before making a determination to lift a suspension.
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