| (a) The Texas Department of Human Services (DHS) may
suspend a facility's license when the license holder, or any other
person described in §19.201(e) of this title (relating to Criteria
for Licensing), has:
(1) violated the requirements in either a repeated
or substantial manner; or
(2) committed any act described in §19.2112(a)(2)-(6)
of this title (relating to Administrative Penalties).
(b) Suspension of a license may occur simultaneously
with any other enforcement provision available to DHS.
(c) The facility will be notified by certified mail
of DHS's intent to suspend the license, including the facts or conduct
alleged to warrant the suspension. The facility has an opportunity
to show compliance with all requirements of law for the retention
of the license, as provided in §19.215 of this title (relating
to Informal Reconsideration). If the facility requests an informal
reconsideration, DHS will give the license holder a written affirmation
or reversal of the proposed action.
(d) The facility will be notified by certified mail
of DHS's suspension of the facility's license. The facility has 15
days from receipt of the certified mail notice to request a hearing
in accordance with Chapter 79, Subchapter Q of this title (relating
to Formal Appeals). The suspension is effective when the deadline
for appeal of the suspension passes, unless the facility appeals the
suspension. If the facility appeals the suspension, the status of
the license holder is preserved until final disposition of the contested
matter.
(e) The suspension remains in effect until DHS determines
that the reason for suspension no longer exists. DHS will conduct
an on-site investigation before making a determination. During the
suspension, the license holder must return the license to DHS.
|
| Source Note: The provisions of this §554.2104 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
