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RULE §448.409Action Against a License

(a) The Commission may take action as described herein against an applicant for licensure or a facility if the applicant, licensee, owner, member of the governing body, administrator, or clinical staff member, or any other personnel associated with the applicant or licensee:

  (1) has a documented history of client abuse, exploitation, or neglect;

  (2) violates any provision of TEX. HEALTH & SAFETY CODE ANN. ch. 464 (Vernon 2001 & Supp. 2004), or any other applicable statute, or a Commission rule; or

  (3) owes the Commission money.

(b) Action taken may include:

  (1) suspending or revoking a license;

  (2) refusing to issue or renew a license;

  (3) placing a facility on probation when the facility's license has been suspended;

  (4) imposing an administrative penalty; and

  (5) any other action allowed under the law or these rules.

(c) The Commission will determine the length of probation or suspension. The Commission may hold a hearing at any time and revoke probation or suspension.

(d) Surrender or expiration of a license does not interrupt an investigation or action taken against a license. The facility is not eligible to regain the license until all outstanding investigations, disciplinary proceedings, or hearings are resolved and the licensee is found to have acted in compliance with these rules.

(e) If a facility has its license revoked, its governing body, administrators, and management are not eligible to apply for, or be associated with an application for facility licensure until they have petitioned the Commission and demonstrated the following:

  (1) they were not directly involved in, aware of, or responsible for the acts or omissions that were the basis of the revocation; or

  (2) sufficient time has passed to allow the events that led to the revocation to no longer serve as the basis of denial of application for licensure.

(f) After an investigation has been initiated by the Commission, or a facility's license has been revoked or surrendered, a facility is not eligible to receive a faith-based exemption under Subchapter O of this title (relating to Faith-Based Chemical Dependency Programs) until two years have elapsed.

Source Note: The provisions of this §448.409 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842

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