| (a) The person conducting an administrative review
may uphold, overturn, or alter the decision or action. The person
alters the decision or action by modifying it after assessing the
relevant information available at the end of the review. For example,
if the disputed decision under review is a minimum standard deficiency,
the person conducting the review may determine the deficiency occurred
and alter the record by updating the minimum standard to one that
better describes the deficiency.
(b) If the telephone conference or meeting did not
occur for a reason outlined in §745.8811(d) of this division
(relating to How is an administrative review conducted?), the person
conducting the administrative review will base the decision to uphold,
overturn, or alter the decision or action on the written request for
a review, any supporting documentation submitted with the request,
and any other information that the person gathered.
(c) If the person overturns or alters the decision
or action, the Texas Health and Human Services Commission (HHSC) will
update HHSC records to reflect the change.
(d) If the decision or action is altered, the requestor
may not request an additional administrative review concerning the
altered decision or action.
(e) If the requestor has the right to request a due
process hearing related to the altered decision or action, the altered
decision or action will be the subject of the hearing.
(f) If the requestor does not have the right to request
a due process hearing, the altered decision or action will be final.
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