| (r) The hearing is held before an administrative law
judge who makes findings of fact and conclusions of law regarding
the occurrence of a violation under THRC, Chapter 103, a rule adopted
under this chapter or a term of a license issued under this chapter.
(s) Based on the findings of fact and conclusions of
law and the recommendation of the administrative law judge, the executive
commissioner or designee, by order, finds:
(1) a violation has occurred and assesses an administrative
penalty; or
(2) a violation has not occurred.
(t) Executive commissioner or designee provides notice
of the findings made under subsection (s) of this section to the facility
charged with a violation. If the executive commissioner finds that
a violation has occurred, the executive commissioner or designee provides
written notice to the facility of:
(1) the findings;
(2) the amount of the administrative penalty;
(3) the rate of interest payable on the penalty and
the date on which interest begins to accrue; and
(4) the facility's right to judicial review of the
order of the executive commissioner.
(u) Not later than the 30th day after the date on which
the order of the executive commissioner or designee is final, the
facility assessed an administrative penalty must:
(1) pay the full amount of the penalty; or
(2) file a petition for judicial review contesting
the occurrence of the violation, the amount of the penalty, or both.
(v) Notwithstanding subsection (o) of this section,
HHSC may permit a facility to pay an administrative penalty in installments.
(w) If a facility does not pay an administrative penalty
within the period provided by subsection (o) or (u) of this section
or in accordance with the installment plan permitted by HHSC:
(1) the penalty is subject to interest; and
(2) HHSC may refer the matter to the attorney general
for collection of the penalty and interest.
(x) Interest accrues:
(1) at a rate equal to the rate charged on loans to
depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the day after the date
on which the penalty becomes due and ending on the date the penalty
is paid.
(y) If the amount of a penalty is reduced or the assessment
of a penalty is not upheld on judicial review, the executive commissioner
or designee must:
(1) remit to the facility the appropriate amount of
any penalty payment plus accrued interest; or
(2) execute a release of the supersedeas bond if one
has been posted.
(z) Accrued interest on the amount remitted by the
executive commissioner or designee must be paid:
(1) at a rate equal to the rate charged on loans to
depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the date the penalty
is paid and ending on the date the penalty is remitted to the facility.
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| Source Note: The provisions of this §559.105 adopted to be effective May 1, 2013, 38 TexReg 2643; amended to be effective October 28, 2018, 43 TexReg 7210; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
