| (a) The Texas Health and Human Services Commission
(HHSC) may impose an administrative penalty on a person licensed under
the Act who violates the Act, this chapter, or an order adopted under
this chapter.
(b) The amount of the penalty may not exceed $1,000
for each violation. Each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty.
(c) The amount shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) whether the violator demonstrated good faith efforts
to come into compliance; and
(6) any other matter that justice may require.
(d) If HHSC initially determines that a violation occurred,
HHSC shall give written notice of the report by certified mail to
the person.
(e) The notice under subsection (d) of this section
shall include:
(1) a brief summary of the alleged violation;
(2) a statement of the amount of the recommended penalty;
and
(3) a statement of the person's right to a hearing
on the occurrence of the violation, the amount of the penalty, or
both.
(f) Within 20 calendar days after the date the person
receives the notice under subsection (d) of this section, the person
in writing may:
(1) accept the determination and recommended penalty
of HHSC; or
(2) make a request for a hearing on the occurrence
of the violation, the amount of the penalty, or both.
(g) If the person accepts the determination and recommended
penalty or if the person fails to respond to the notice, the executive
commissioner or the executive commissioner's designee by order shall
approve the determination and impose the recommended penalty.
(h) If the person requests a hearing, the executive
commissioner shall refer the matter to the State Office of Administrative
Hearings (SOAH), which will set the hearing date. HHSC shall give
written notice of the time and place of the hearing to the person.
An administrative law judge with SOAH will conduct the hearing.
(i) The administrative law judge will make findings
of fact and conclusions of law and issue to the executive commissioner
a proposal for a decision about the occurrence of the violation and
the amount of a proposed penalty.
(j) Based on the findings of fact, conclusions of law,
and proposal for a decision, the executive commissioner by order may:
(1) find that a violation occurred and impose a penalty;
or
(2) find that a violation did not occur.
(k) The notice of the order under subsection (j) of
this section that HHSC sends to the person in accordance with Texas
Government Code Chapter 2001 (relating to Administrative Procedure)
must include a statement of the right of the person to judicial review
of the order.
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