(a) The sole way to dispute a finding of reportable
conduct and submission of the employee's name to the EMR is provided
by the procedures in this subchapter. A Request for EMR hearing filed
under this subchapter is not a request for a grievance on disciplinary
action from an employer.
(b) If an employee of a state-operated facility is
notified by the employer that the employee is entitled to a grievance
on disciplinary action based on a finding of reportable conduct by
HHSC, the employee makes a separate request for a grievance hearing
in accordance with the employment policies of the employer. A request
for a grievance on disciplinary action will not be considered a request
for an EMR hearing under this subchapter.
(c) When an employee files both a Request for EMR hearing
under this subchapter and a grievance on disciplinary action based
on HHSC's finding of reportable conduct, the EMR hearing will take
place prior to the grievance hearing.
(d) The outcome of a grievance on disciplinary action
will not change HHSC's finding of reportable conduct.
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