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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 93EMPLOYEE MISCONDUCT REGISTRY (EMR)
RULE §93.7DADS Investigates: Notice of Opportunity for Administrative Hearing

(a) Except as provided in §93.6(b) of this chapter (relating to DADS Investigates: Informal Review), written notice sent to an employee in accordance with §93.6(a)(4) or (b) includes:

  (1) a brief summary of the results of the IR;

  (2) a statement that the employee may request an administrative hearing on the finding of reportable conduct;

  (3) a statement that a request for hearing must be made in writing no later than 30 calendar days after the date the employee receives the written notice; and

  (4) the address and telephone number for the Health and Human Services Commission Hearings Division where the employee may request an administrative hearing.

(b) If the employee of a facility does not request an administrative hearing, the employee's name and related information are entered in the EMR.

(c) An employee of a facility may request an administrative hearing conducted in accordance with the Health and Human Services Commission's administrative hearing procedures in Title 1, Texas Administrative Code, Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act).

(d) If an employee of a facility timely requests a hearing, the employee is granted an administrative hearing on the finding of reportable conduct before an administrative law judge at SOAH. THSC §253.004 requires a hearing to be completed no later than 120 days after the request for the hearing is received.

(e) The administrative law judge issues a proposal for decision finding that the employee of a facility either did or did not commit reportable conduct.

(f) The information described in §93.8(c) of this chapter (relating to Entering Information in the EMR) regarding an employee is entered in the EMR if, after reviewing the proposal for decision, the commissioner or the commissioner's designee issues a final order finding that the employee committed reportable conduct.


Source Note: The provisions of this §93.7 adopted to be effective September 1, 2008, 33 TexReg 7308; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective October 19, 2014, 39 TexReg 8268

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