Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter Q - COMPLIANCE
Section 296.320 - Notice and Violation

Universal Citation: 25 TX Admin Code ยง 296.320

Current through Reg. 49, No. 38; September 20, 2024

(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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