| (a) DADS may suspend a center's license for:
(1) a violation of THSC Chapter 248A or standard in
this chapter committed by the license holder, applicant, or a person
listed on the application;
(2) an intentional or negligent act by a center or
an employee of a center that DADS determines significantly affects
the health and safety of a minor served at a center;
(3) use of drugs or intoxicating liquors to an extent
that it affects the license holder's or applicant's professional competence;
(4) a felony conviction, including a finding or verdict
of guilty, an admission of guilt, or a plea of nolo contendere, in
Texas or another state of any person required by this chapter to
undergo a background and criminal history check;
(5) fraudulent acts, including acts relating to Medicaid
fraud and obtaining or attempting to obtain a license by fraud or
deception committed by any person listed on the application;
(6) license revocation, suspension, or other disciplinary
action taken in Texas or another state against the license holder
or any person listed in the application;
(7) criteria described in Chapter 99 of this title
(relating to Denial or Refusal of License) that applies to any person
required by this chapter to undergo a background and criminal history
check;
(8) aiding, abetting, or permitting a violation described
in paragraph (1) of this subsection about which a person listed on
the application had or should have had knowledge;
(9) a license holder or applicant's failure to provide
the required information, facts, or references;
(10) a license holder or applicant who knowingly:
(A) submits false or intentionally misleading statements
to DADS on an application;
(B) uses subterfuge or other evasive means of filing
an application;
(C) engages in subterfuge or other evasive means of
filing an application on behalf of another who is unqualified for
licensure; or
(D) conceals a material fact on an application; or
(11) a person listed on the application failing to
pay the following fees, taxes, and assessments when due:
(A) licensing fees as described in §15.112 of
this chapter (relating to Licensing Fees);
(B) plan review fees as described in §15.113 of
this chapter (relating to Plan Review Fees); or
(C) franchise taxes, if applicable.
(b) DADS may suspend a license simultaneously with
any other enforcement action available to DADS.
(c) DADS notifies the license holder by personal service,
facsimile transmission, or registered or certified mail of DADS intent
to suspend the license, including the facts or conduct alleged to
warrant the suspension.
(d) The license holder has an opportunity to show compliance
with all requirements of law to retain the license, as provided in
§15.1407 of this subchapter (relating to Opportunity to Show
Compliance). If the license holder requests an opportunity to show
compliance, DADS gives the license holder a written affirmation or
reversal of the proposed action.
(e) DADS notifies the license holder by personal services,
facsimile transmission or by registered or certified mail of DADS
suspension of the center license. The license holder has 20 days after
receipt of the notice to request a hearing in accordance with Texas
Government Code, Chapter 2001, and the formal hearing procedures in
1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative
Procedure Act) and Chapter 91 of this title (relating to Hearings
Under the Administrative Procedure Act). The license suspension takes
effect when the deadline for an appeal of the suspension expires,
unless the license holder appeals the suspension.
(f) If a license holder appeals, the license remains
valid until all administrative appeals are final, unless the license
expires without a timely application for renewal submitted to DADS.
The license holder must continue to submit a renewal application in
accordance with §15.106 of this chapter (relating to Renewal
License Application Procedures and Issuance) until the action to suspend
the license is completed. However, DADS does not renew the license
until it determines the reason for the proposed action no longer
exists.
(g) If a license holder appeals, the enforcement action
takes effect when all administrative appeals are final and the proposed
enforcement action is upheld. If the center wins the appeal, DADS
does not take the proposed action.
(h) If DADS suspends a license, the suspension remains
in effect until DADS determines that the reason for suspension no
longer exists. A suspension may last no longer than the term of the
license. DADS conducts an on-site investigation before making a determination.
During the suspension, the license holder must return the license
to DADS.
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| Source Note: The provisions of this §550.1402 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
