| (a) DADS may suspend a facility's license when the
facility's violation of the licensure rules threatens to jeopardize
the health and safety of clients.
(b) Suspension of a license may occur simultaneously
with any other enforcement provision available to DADS.
(c) The facility will be notified by certified mail
of DADS' 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 §98.20 of this title (relating
to Opportunity to Show Compliance). If the facility requests an opportunity
to show compliance, DADS will give the license holder a written affirmation
or reversal of the proposed action.
(d) The facility will be notified by certified mail
of DADS' suspension of the facility's license. If DADS suspends a
facility's license, the licensee may request a formal appeal by following
the Health and Human Services Commission's formal hearing procedures
in 1 TAC Chapter 357, Subchapter I. A formal administrative hearing
is conducted in accordance with Texas Government Code, Chapter 2001,
and the formal hearing procedures in 1 TAC Chapter 357, Subchapter
I. The suspension will take effect 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 will remain 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 will conduct
an on-site investigation before making a determination. During the
suspension, the license holder must return the license to DADS.
|
| Source Note: The provisions of this §559.102 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
