| (a) DADS may issue an emergency order to suspend a
license, as authorized by THSC Chapter 248A, if DADS has reasonable
cause to believe that the conduct of a license holder creates an immediate
danger to a minor served at the center or the public's health and
safety.
(1) If DADS issues an order for emergency suspension
of the center's license, DADS provides immediate notice to the controlling
person, administrator, or alternate administrator of the center by
personal service, facsimile transmission, or registered or certified
mail. The notice includes:
(A) the action taken;
(B) legal grounds for the action;
(C) the procedure governing appeal of the action; and
(D) the effective date of the order.
(2) An order for emergency licensure suspension goes
into effect immediately.
(3) On written request of a license holder, DADS conducts
a hearing not earlier than the 10th day or later then the 30th day
after the date DADS receives the hearing request to determine if the
emergency suspension should be continued, modified, or rescinded.
(4) The hearing and any appeal are governed by DADS
rules for a contested case hearing and by Chapter 2001, Texas Government
Code.
(b) If DADS suspends a license, the suspension remains
in effect until DADS determines that the reason for an emergency licensure
suspension no longer exists. An emergency licensure suspension may
last no longer than the term of the license. DADS conducts an inspection
of the center before making a determination to recommend cancellation
of a suspension. During the suspension, the license holder must return
the license to DADS.
|
| Source Note: The provisions of this §550.1403 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 |
