|(a) After an investigation in which HHSC finds that
reportable conduct occurred, HHSC provides the employee with written
notice of its findings, which includes:
(1) a summary of HHSC's Reportable Conduct finding;
(2) a statement that the employee has the right to
an administrative hearing on the occurrence of reportable conduct;
(3) a statement that:
(A) a request for hearing must be made in writing no
later than 30 calendar days after the date the employee receives the
written notice; or
(B) the employee may accept the reportable conduct
finding, which would result in HHSC placing the employee on the EMR;
(4) the contact information for the Texas Health and
Human Services Commission (HHSC) where the employee must submit the
request for an administrative hearing.
(b) If the employee accepts HHCS's determination or
does not timely request an administrative hearing, the employee's
name and related information are entered in the Employee Misconduct
(c) An employee may request an administrative hearing
conducted in accordance with the Health and Human Services Commission's
administrative hearing procedures in Title 1, Texas Administrative
Code, Chapter 357, Subchapter I (relating to Hearings Under the Administrative
(d) If an employee timely requests a hearing, the employee
is granted an administrative hearing on the occurrence of reportable
conduct before an administrative law judge at Texas State Office of
Administrative Hearings (SOAH).
(e) The administrative hearing described in §561.7(d)
requires the hearing and hearing record to be completed no later than
120 days after the date HHSC received the hearing request.
(f) The administrative law judge makes findings of
facts and conclusions of law and issues a proposal for decision as
to the occurrence of reportable conduct.
(g) Based on the findings of fact and conclusions of
law and the recommendation of the administrative law judge, HHSC by
order may find that the reportable conduct occurred.
(h) If after an administrative hearing, HHSC finds
that the employee committed reportable conduct under §561.7(g),
HHSC must issue a final order on that determination and enter into
the EMR the information described in §561.8(c) of this chapter
(relating to Entering Information into the EMR.)
(i) Notice of a final order issued by HHSC under §561.7(h)
must be sent to the employee and must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) a statement of the right of the employee to judicial
review of the order; and
(3) a statement that the reportable conduct will be
recorded in the EMR under Texas Health and Safety Code §253.007,
(A) the employee does not request judicial review of
the determination; or
(B) the determination is sustained by the court.
(j) Not later than the 30th day after the date on which
the decision becomes final as provided by Texas Government Code Ch.
2001, the employee may file a petition for judicial review contesting
the finding of the reportable conduct. If the employee does not request
judicial review of the determination, the department will record the
reportable conduct in the EMR as set forth in §561.8 of this