| (a) The person conducting an administrative review
may conduct the review by telephone conference, including virtual
conferencing, or in a face-to-face meeting at the person's office.
(b) Within 10 calendar days after receiving a request
that meets the requirements of §745.8805 of this division (relating
to How does a person request an administrative review?), the person
conducting the administrative review will contact the requestor to
schedule a date and time to conduct the review.
(c) Subject to the limitations in subsection (h) of
this section, the telephone conference or meeting must occur within
30 days of the date of this initial contact, unless additional time
is necessary to complete a records request related to the subject
of the administrative review. If additional time is necessary, the
30-day timeframe for completing the conference or meeting will begin
when the requestor obtains the records.
(d) The person conducting the administrative review
will proceed with the review without conducting the telephone conference
or meeting if:
(1) The requestor does not respond to the person's
attempts to schedule the conference or meeting within the 30-day timeframe
and does not show good cause for the requestor's failure to respond
within the timeframe;
(2) The requestor does not schedule the conference
or meeting within the 30-day timeframe and does not show good cause
for the requestor's failure to schedule the conference or meeting
within the timeframe; or
(3) The requestor misses the scheduled conference or
meeting without requesting a delay under subsection (e) of this section.
(e) To delay the telephone conference or meeting, the
requestor must present a good cause reason for a delay, in writing,
to the person conducting the administrative review before the time
of the scheduled telephone conference or meeting. The person conducting
the review will decide whether good cause exists to delay the conference
or meeting.
(f) "Good cause" in this section is a reason for taking
an action or failing to take an action that is reasonable and justified
when viewed in the context of the surrounding circumstances.
(g) Following the telephone conference or meeting,
the person conducting the administrative review will review any documentation
the requestor provided, may review any other relevant files, may ask
additional questions, and may gather other relevant information, as
needed.
(h) When an operation has been cited for the abuse,
neglect, or exploitation of a child in care, an administrative review
for a deficiency in the following will be postponed while the finding
is pending an administrative review before the Texas Department of
Family and Protective Services:
(1) A standard related to ensuring that no child is
abused, neglected, or exploited while in the care of the operation;
or
(2) A standard stating that the child has the right
to be free from abuse, neglect, or exploitation.
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