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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER OEMPLOYEE MISCONDUCT REGISTRY
RULE §705.1529How and when is the decision made after the EMR hearing?

(a) The administrative law judge will prepare a dispositive order that may become final (Final Order), which will be mailed to the employee at the employee's last known mailing address. The Final Order must contain the following:

  (1) separate statements of the findings of fact and conclusions of law that uphold, reverse, or modify the findings as to whether:

    (A) the employee committed abuse, neglect, or financial exploitation; and

    (B) the abuse, neglect, or financial exploitation committed by the employee meets the definition of reportable conduct; and

  (2) if reportable conduct is found to have occurred:

    (A) a statement of the right of the employee to seek judicial review of the order; and

    (B) a statement that the finding of reportable conduct will be forwarded to HHSC to be recorded in the Employee Misconduct Registry unless the employee timely files a petition for judicial review as provided in §705.1531 of this chapter (relating to How is judicial review requested and what is the deadline?).

(b) The commissioner may designate a Final Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and DFPS policy. A Final Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.


Source Note: The provisions of this §705.1529 adopted to be effective February 1, 2021, 46 TexReg 317

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