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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER LENFORCEMENT ACTIONS
DIVISION 1OVERVIEW OF ENFORCEMENT ACTIONS
RULE §745.8607How will Licensing decide which type of enforcement action to recommend or impose?

We decide to recommend or impose enforcement actions based upon our assessment of the following:

  (1) The severity of any deficiency that is a reason for the enforcement action, including whether the deficiency involved the abuse or neglect or resulted in the death or near fatal injury of a child;

  (2) The severity and frequency of a repetition or pattern of deficiencies;

  (3) The extent to which a deficiency or repetition or pattern of deficiencies can be corrected;

  (4) How quickly you can make the necessary correction (for a suspension, whether the deficiency can be corrected within the suspension period);

  (5) Whether you demonstrate the responsibility and ability to maintain compliance with minimum standards, rules, and statutes;

  (6) Whether we must impose conditions to avoid further deficiencies;

  (7) Your compliance history;

  (8) The degree or immediacy of danger or threat of danger posed to the health or safety of children; and

  (9) Any aggravating or mitigating factors.


Source Note: The provisions of this §745.8607 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437

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