| (a) DADS may revoke a facility's license when the license
holder, or any other person described in §19.201(f) of this title
(relating to Criteria for Licensing), has:
(1) violated the requirements of the Health and Safety
Code, Chapter 242, or the rules adopted under that chapter, in either
a repeated or substantial manner;
(2) committed any act described in §19.2112(a)(2)
- (6) of this title (relating to Administrative Penalties); or
(3) failed to notify DADS of a significant adverse
change in financial condition, as required under §19.1925(b)
of this title (relating to Financial Condition).
(b) Revocation of a license may occur simultaneously
with any other enforcement provision available to DADS.
(c) The license holder will be notified by certified
mail of DADS' intent to revoke the license, including the facts or
conduct alleged to warrant the revocation, with a copy being sent
to the facility. The license holder 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 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.
(d) The license holder will be notified by certified
mail of DADS' revocation of the facility's license, with a copy being
sent to the facility. The license holder has 15 days from receipt
of the certified mail notice to request a hearing in accordance with
the Health and Human Services Commission's formal hearing procedures
in 1 TAC, Chapter 357, Subchapter I. The revocation will take effect
when the deadline for appeal of the revocation passes, unless the
license holder appeals the revocation. If the license holder appeals
the revocation, the status of the license holder is preserved until
final disposition of the contested matter. Upon revocation, the license
must be returned to DADS.
|
| Source Note: The provisions of this §554.2106 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective July 1, 1997, 22 TexReg 5672; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; amended to be effective October 1, 1999, 24 TexReg 8314; amended to be effective July 1, 2001, 26 TexReg 3824; amended to be effective July l, 2002, 27 TexReg 5245; amended to be effective September 1, 2007, 32 TexReg 4231; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
