| (A) If an agency notified of a violation accepts HHSC
determination, the HHSC executive commissioner or the HHSC executive
commissioner's designee issues an order approving the determination
and ordering that the agency pay the proposed penalty.
(B) If an agency notified of a violation does not accept
HHSC determination, the agency must submit to the Health and Human
Services Commission a written request for a formal administrative
hearing on the determination and must not pay the proposed penalty.
Remittance of the penalty to HHSC is deemed acceptance by the agency
of HHSC determination, is final, and waives the agency's right to
a formal administrative hearing.
(C) If an agency notified of a violation fails to respond
to the notice of violation letter within the required time frame,
the HHSC executive commissioner or the HHSC executive commissioner's
designee issues an order approving the determination and ordering
that the agency pay the proposed penalty.
(D) If an agency requests a formal administrative hearing,
the hearing is held in accordance with the Statute §142.0172, §142.0173,
and the formal hearing procedures in 1 TAC Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act), and
40 TAC Chapter 91 (relating to Hearings Under the Administrative Procedure
Act).
|
| Source Note: The provisions of this §558.602 adopted to be effective January 15, 2009, 34 TexReg 254; amended to be effective September 1, 2010, 35 TexReg 7879; amended to be effective August 1, 2011, 36 TexReg 4673; amended to be effective July 1, 2012, 37 TexReg 4613; amended to be effective October 1, 2013, 38 TexReg 6628; transferred effective May 1, 2019, as published in the April 12, 2019 issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
