|(a) The administrative law judge will prepare a "Hearing
Order" which will be mailed to the employee at the employee's last
known mailing address. The Hearing 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
(A) the employee committed abuse, neglect, or financial
(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 the Department of Aging and Disability Services
to be recorded in the Employee Misconduct Registry unless the employee
timely files a petition for judicial review as provided in §711.1431
of this title (relating to How is judicial review requested?).
(b) The commissioner may designate a Hearing 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 Hearing Order must be edited to remove all personal identifying
information before publication in the Index of Hearing Orders.
|Source Note: The provisions of this §711.1429 adopted to be effective March 1, 2002, 27 TexReg 955; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective September 1, 2010, 35 TexReg 6835; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective August 14, 2016, 41 TexReg 6081