(a) Before the institution of proceedings to revoke
or suspend a license or deny an application for the renewal of a license,
the Texas Health and Human Services Commission (HHSC) gives the license
holder:
(1) notice by personal service or by registered or
certified mail of the facts or conduct alleged to warrant the proposed
action; and
(2) an opportunity to show compliance with all requirements
of law for the retention of the license by sending HHSC a written
request for an opportunity to show compliance. The request must:
(A) be postmarked within 10 days after the date of
HHSC's notice and be received by HHSC within 10 days after the date
of the postmark; and
(B) contain specific documentation refuting HHSC's
allegations.
(b) HHSC's review will be limited to a review of documentation
submitted by the license holder and information used by HHSC as the
basis for its proposed action and will not be conducted as an adversary
hearing. HHSC will give the license holder a written affirmation or
reversal of the proposed action.
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