| (B) the date on which the POC must be completed to
avoid assessment of the penalty; and
(4) a statement that the facility has a right to a
hearing on the violation, the amount of the penalty, or both.
(j) Within 20 days after the date on which written
notice of recommended assessment of a penalty is sent to a facility,
the facility must give HHSC written consent to the penalty, make
a written request for a hearing, or if the violation is subject to
correction, submit a plan of correction in accordance with §19.2114
of this subchapter (relating to Right to Correct). If the facility
does not make a response within the 20-day period, HHSC will assess
the penalty.
(k) The procedures for notification of recommended
assessment, opportunity for hearing, actual assessment, payment of
penalty, judicial review, and remittance will be in accordance with
Health and Safety Code, §§242.067 - 242.069. Hearings will
be held in accordance with Health and Human Services Commission's
rules at 1 TAC, Chapter 357, Subchapter I. Interest on penalties is
governed by Health and Safety Code §242.069(g).
|
| Source Note: The provisions of this §554.2112 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective September 1, 1996, 21 TexReg 7859; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective January 1, 2000, 24 TexReg 11781; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective April 1, 2001, 26 TexReg 1547; amended to be effective May 4, 2008, 33 TexReg 3446; amended to be effective April 5, 2018, 43 TexReg 2017; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
