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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 442INVESTIGATIONS AND HEARINGS
RULE §442.104Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs

(a) Violations are categorized according to the seriousness of the violation and the actual or potential harm to the health, safety, and welfare of the public. The Commission has established guidelines for assigning penalties. These guidelines show how various offenses are categorized, but do not limit the Commission's authority to categorize any particular offense that is not already included in the guidelines, to modify those offenses already categorized, to assess a different penalty or propose another form of disciplinary action. These guidelines are available for review on the Commission's web site (www.tcada.state.tx.us) and at the Commission's administrative offices at 9001 North IH 35, Suite 105, Austin, Texas, 78753-5233.

(b) The assessment of administrative penalties against an offender education program is governed by §153.108 of this title (relating to Offender Education Programs).

(c) Administrative penalties are not assessed for the most serious violations. Instead, the Commission will seek to deny, refuse to renew, revoke or suspend the license, certification or approval.

(d) The base administrative penalty for a first time offense is $500, $200 or $40 dollars, depending on the severity of the violation.

  (1) The base administrative penalty is doubled for a second-time violation and tripled for a third-time violation. If the same violation is identified four times, the Commission may seek to revoke or suspend the license, certification or approval or assess an administrative penalty of four times the base amount.

  (2) If the total dollar value of administrative penalties assessed during a single inspection or investigation is over $5,000 for a facility or $2,000 for a counselor, the Commission may seek to revoke or suspend the license instead of imposing an administrative penalty.

(e) When administrative penalties are recommended, the executive director or designee shall report staff findings and recommendations to the board, including the amount of the recommended penalty.

(f) The executive director shall give written notice to the licensee adversely affected. The notice will be by certified mail. The notice shall include:

  (1) a brief summary of the alleged violations;

  (2) a statement of the amount of the recommended penalty; and

  (3) a notification that the licensee has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

(g) A request for hearing must be filed in writing within 20 days of the effective date of notice. Notice is effective five days after mailing.

(h) Section 142.103 of this title (relating to Procedure for Contested Cases for Counselor and Facility Licenses) applies to these proceedings.

(i) Failure to pay an administrative penalty will result in suspension of the license. A licensee who has not paid final administrative penalties is not eligible for licensure renewal.

(j) If approved by the Commission, a licensee may surrender the license in lieu of paying administrative penalties. The licensee may reapply for licensure if:

  (1) administrative penalties are paid prior to application; and

  (2) two years have passed since the date of surrender.


Source Note: The provisions of this §442.104 adopted to be effective February 1, 2004, 29 TexReg 221; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842

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