Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
Subchapter G - ENFORCEMENT
Section 550.1406 - Injunctive Relief or Civil Penalties

Universal Citation: 26 TX Admin Code ยง 550.1406

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

(a) DADS may petition a district court for a temporary restraining order against a center to restrain a continuing violation of THSC Chapter 248A or standard in this chapter if DADS finds that the violation creates an immediate threat to the health and safety of minors served at a center.

(b) A district court, on petition of DADS, and on a finding of the court that a person is violating THSC Chapter 248A or a standard in this chapter, may by injunction:

(1) prohibit the person from continuing the violation;

(2) restrain or prevent the establishment or operation of a center without a license under THSC Chapter 248A; or

(3) grant any other injunctive relief warranted by the facts.

(c) DADS may request the attorney general to institute and conduct a suit authorized by this section.

(d) DADS may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.

(e) Venue for a suit brought under this section is in the county in which the center is located or in Travis County.

(f) If DADS determines that a violation of THSC Chapter 248A or a standard in this chapter threatens the health and safety of a minor served at the center, DADS may seek, against the person who violates THSC Chapter 248A, the requirements in this chapter, or fails to comply with a corrective action plan submitted in accordance with this chapter, a civil penalty of not more than $500 for each violation.

(1) Each day a violation continues constitutes a separate violation for the purpose of this section.

(2) DADS may request the attorney general to sue to collect the penalty. DADS may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney fees, investigation costs, witness fees, and deposition expenses.

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