| (1) HHSC shall immediately give the licensee adequate
notice of the action taken, the legal grounds for the action, and
the procedure governing appeal of the action.
(2) HHSC shall set a hearing date not later than the
14th day after the effective date of the suspension or revocation.
(3) HHSC shall also notify the facility in writing
of the emergency action, the legal grounds for the action, the effective
date of the emergency action, the procedure governing appeal of the
action, and the date set for the hearing. This notice shall be sent
by certified mail, return receipt requested, or by personal delivery.
The hearing shall be conducted at the State Office of Administrative
Hearings, and pursuant to Health and Safety Code Chapter 245; Government
Code Chapter 2001; and the formal hearing procedures set out in Chapter
1, Subchapter B of this title.
(o) If a person violates the licensing requirements
of the Act or rules adopted under the Act, HHSC may petition the district
court for a temporary restraining order to restrain the person from
continuing the violation or operating without a license.
(p) If a person operates a facility without a license
as required by this chapter and the Act, the person is liable for
a civil penalty of not less than $1,000 nor more than $2,500 for each
day of violation.
(q) If a facility has had enforcement action taken
by HHSC against it, the facility, its owner(s), or its affiliate(s)
may not apply for a facility license for one year following the effective
date of the enforcement action. For purposes of this subsection only,
the term "enforcement action" means license revocation, suspension,
emergency suspension, or denial or injunctive action, but does not
include administrative penalties or civil penalties. If HHSC prevails
in one enforcement action (e.g., injunctive action) against the facility
but also proceeds with another enforcement action (e.g., revocation)
based on some or all of the same violations, but HHSC does not prevail
in the second enforcement action (e.g., the facility prevails), the
prohibition in this paragraph does not apply.
(r) If HHSC revokes or does not renew a license and
the one-year period described in subsection (q) of this section has
passed, a person may reapply for a license by complying with the requirements
and procedures in this chapter at the time of reapplication. HHSC
may refuse to issue a license, if the reason for revocation or non-renewal
continues to exist.
(s) Upon revocation or non-renewal, a license holder
shall return the license to HHSC.
|
| Source Note: The provisions of this §139.32 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective January 1, 2014, 38 TexReg 9577; amended to be effective November 24, 2022, 47 TexReg 7696 |
