| (i) If HHSC proposes to deny, suspend or revoke a license,
place on probation, or impose an administrative penalty, HHSC shall
send a notice of the proposed action by certified mail, return receipt
requested, at the address shown in the current records of HHSC. The
notice to deny, suspend, or revoke a license, place on probation,
or impose an administrative penalty, shall state the alleged facts
or conduct to warrant the proposed action, provide an opportunity
to demonstrate or achieve compliance, and shall state that the applicant
or license holder has an opportunity for a hearing before taking the
action.
(j) Within 20 calendar days after receipt of the notice,
the applicant or licensee may notify HHSC, in writing, of acceptance
of HHSC's determination or request a hearing. Receipt of the notice
is presumed to occur on the third day after the date the notice is
mailed by HHSC to the last known address of the applicant or licensee.
(k) A hearing shall be conducted pursuant to Texas
Government Code Chapter 2001 and Texas Administrative Code Title 1
Chapter 357, Subchapter I (relating to Hearings under the Administrative
Procedure Act).
(l) If the applicant or licensee fails to timely respond
to the notice or does not request a hearing, in writing, within 30
calendar days after receipt of the notice, HHSC shall refer the matter
to the State Office of Administrative Hearings.
(m) HHSC shall send the licensee or applicant a copy
of HHSC’s decision for denial, suspension, or revocation of
license or imposition of an administrative penalty by certified mail,
which shall include the findings of fact and conclusions of law on
which HHSC based its decision.
(n) On HHSC's determination to suspend or revoke a
license, the license holder may not admit new patients until the license
is reissued.
(o) When HHSC’s decision to suspend or revoke
a license is final, the licensee shall immediately cease operation,
unless a stay of such action is issued by the district court.
(p) On suspension, revocation, or non-renewal of the
license, the original license shall be returned to HHSC within 30
calendar days of HHSC’s notification.
(q) One year after HHSC’s decision to deny or
revoke, or the voluntary surrender of a license by an LSRH while enforcement
action is pending, an LSRH may petition HHSC, in writing, for a license.
Expiration of a license prior to HHSC's decision becoming final shall
not affect the one-year waiting period required before a petition
may be submitted.
(1) HHSC may allow a reapplication for licensure if
there is proof that the reasons for the original action no longer
exist.
(2) HHSC may deny reapplication for licensure if HHSC
determines that:
(A) the reasons for the original action continues;
(B) the petitioner has failed to offer sufficient proof
that conditions have changed; or
(C) the petitioner has demonstrated a repeated history
of failure to provide patients a safe environment or has violated
patient rights.
(3) If HHSC allows a reapplication for licensure, the
petitioner shall be required to meet the requirements as described
in §511.12 of this chapter (relating to Application and Issuance
of Initial License).
(r) An LSRH whose license expires during a suspension
period may not reapply for license renewal until the end of the suspension
period.
(s) In the event that enforcement, as defined in this
subsection, is pending or reasonably imminent, the surrender of an
LSRH license shall not deprive HHSC of jurisdiction in regard to enforcement
against the LSRH.
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