| (B) A hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001. (10) No response to notice. If the applicant or licensee fails to timely respond to the notice or does not request a hearing in writing within 30 days after the date of the notice, the case shall be set for a hearing. (11) Notification of department's final decision. The department shall send the licensee or applicant a copy of the department's decision for denial, suspension or revocation of license or imposition of an administrative penalty by registered mail, which shall include the findings of fact and conclusions of law on which the department based its decision. (12) Decision to suspend or revoke. When the department's decision to suspend or revoke a license is final, the licensee must immediately cease operation, unless a stay of such action is issued by the district court. (13) Return of original license. Upon suspension, revocation or non-renewal of the license, the original license shall be returned to the department upon the effective date of the department's determination. (14) Reapplication following denial or revocation. (A) After the department's decision to deny or revoke, or the voluntary surrender of a license by a facility while enforcement action is pending, a facility may petition the department, in writing, for a license. (B) The department may allow a reapplication for licensure if there is proof that the reasons for the original action no longer exist. (C) The department may deny reapplication for licensure if the department determines that: (i) the reasons for the original action continues; (ii) the petitioner has failed to offer sufficient proof that conditions have changed; or (iii) the petitioner has demonstrated a repeated history of failure to provide patients a safe environment or has violated patient rights. (D) If the department allows a reapplication for licensure, the petitioner shall be required to meet the requirements as described in §133.22 of this title (relating to Application and Issuance of Initial License). (15) Expiration of a license during suspension. A facility whose license expires during a suspension period may not reapply for license renewal until the end of the suspension period. (16) Surrender of a license. In the event that enforcement, as defined in this subsection, is pending or reasonably imminent, the surrender of a facility license shall not deprive the department of jurisdiction in regard to enforcement against the facility. |
