| (a) Before DSHS takes final disciplinary action under §296.312
of this chapter (relating to Action against an Accreditation), §296.313
of this chapter (relating to Denial, Suspension, or Revocation of
License or Reprimand of Licensee), §296.316 of this chapter (relating
to Probation), §296.317 of the chapter (relating to Denial, Revocation,
or Suspension of Approval of a Training Course), or assesses an administrative
penalty under §296.318 of this chapter (relating to Administrative
Penalty), DSHS will issue a notice of violation proposing a disciplinary
action.
(b) A person may accept DSHS's proposal in writing
or may request a hearing in writing no later than 30 days after the
date the person receives the notice. If the person accepts DSHS's
proposal, DSHS issues a final order imposing the disciplinary action
or administrative penalty, or both. If the person requests a hearing,
DSHS refers the matter to the State Office of Administrative Hearings
for a contested case hearing.
(c) If the person named in a notice does not timely
request a hearing on a notice assessing an administrative penalty,
DSHS may find that the alleged conduct and violation occurred and
issue a final order assessing an administrative penalty.
(d) A hearing held under this chapter is governed by
and conducted under:
(1) the Administrative Procedure Act, Texas Government
Code, Chapter 2001;
(2) the procedural rules of the State Office of Administrative
Hearings in 1 TAC Chapter 155 (relating to Rules of Procedure); and
(3) Chapter 1, Subchapter B of this title (relating
to Formal Hearing Procedures).
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