| (a) The Texas Health and Human Services Commission
(HHSC) may revoke an individualized skills and socialization provider's
license when the license holder has violated the requirements of the
Texas Human Resources Code, Chapter 103.
(b) In addition, HHSC may revoke a license if the licensee:
(1) submitted false or misleading statements in the
application for a license or any accompanying attachments;
(2) used subterfuge or other evasive means to obtain
the license;
(3) concealed a material fact in the application for
a license or failed to disclose information required in §559.205
of this subchapter (relating to Criteria for Licensing) that would
have been the basis to deny the license under §559.215 of this
subchapter (relating to Criteria for Denying a License or Renewal
of a License); or
(4) violated the requirements of the Texas Human Resources
Code, Chapter 103, or the rules adopted under this subchapter.
(c) Revocation of a license may occur simultaneously
with any other enforcement provision available to HHSC.
(d) The individualized skills and socialization provider
will be notified by certified mail of HHSC's intent to revoke the
license, including the facts or conduct alleged to warrant the revocation.
The individualized skills and socialization provider has an opportunity
to show compliance with all requirements of law for the retention
of the license as provided in §559.217 of this subchapter (relating
to Opportunity to Show Compliance). If the individualized skills and
socialization provider requests an opportunity to show compliance,
HHSC will give the license holder a written affirmation or reversal
of the proposed action.
(e) If HHSC revokes an individualized skills and socialization
provider's license, the licensee may request a formal appeal by following
the Health and Human Services Commission's formal hearing procedures
in 1 TAC Chapter 357, Subchapter I. A formal administrative hearing
is conducted in accordance with the formal hearing procedures in 1
TAC Chapter 357, Subchapter I. If the individualized skills and socialization
provider appeals the revocation, the status of the license holder
is preserved until final disposition of the contested matter.
(f) An individualized skills and socialization provider
will be removed from HHSC's Day Activity and Health Services (DAHS)
directory if the license is revoked.
|
