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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 551INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER HENFORCEMENT
RULE §551.235Referral to the Attorney General

(a) The Texas Health and Human Services Commission (HHSC) may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed by this chapter if HHSC finds that the violation threatens the health and safety of a resident.

(b) A district court, on petition by HHSC, may by injunction:

  (1) prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;

  (2) restrain or prevent the establishment, conduct, management, or operation of a facility without a license issued under this chapter; or

  (3) grant the injunctive relief warranted by the facts on a finding by the court that a person is violating the standards or licensing requirements prescribed by this chapter.

(c) HHSC may refer a facility to the Texas Office of the Attorney General for the assessment of civil penalties under the Texas Health and Safety Code §252.064 (relating to Civil Penalty), for a violation that threatens the health and safety of a resident.


Source Note: The provisions of this §551.235 adopted to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787

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