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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §98.20Opportunity to Show Compliance

(a) Before the institution of proceedings to revoke or suspend a license or deny an application for the renewal of a license, DADS gives the license holder:

  (1) notice by personal service or by registered or certified mail of the facts or conduct alleged to warrant the proposed action; and

  (2) an opportunity to show compliance with all requirements of law for the retention of the license by sending the director of Regulatory Services a written request for an opportunity to show compliance. The request must:

    (A) be postmarked within 10 days after the date of DADS' notice and be received in the state office of the director of Regulatory Services within 10 days after the date of the postmark; and

    (B) contain specific documentation refuting DADS' allegations.

(b) DADS' review will be limited to a review of documentation submitted by the license holder and information used by DADS as the basis for its proposed action and will not be conducted as an adversary hearing. DADS will give the license holder a written affirmation or reversal of the proposed action.


Source Note: The provisions of this §98.20 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749

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