Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 555 - NURSING FACILITY ADMINISTRATORS
Subchapter D - REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS
Section 555.53 - Formal Hearings
Universal Citation: 26 TX Admin Code § 555.53
Current through Reg. 50, No. 13; March 28, 2025
(a) The Texas Health and Human Services Commission (HHSC) gives a licensee a formal hearing notice if:
(1) HHSC proposes a sanction; or
(2) HHSC upholds or modifies a proposed sanction after an informal review, in accordance with §
555.52 of this subchapter (relating to Informal Reviews).
(b) The formal hearing notice to the licensee includes:
(1) a description of the alleged rule violations warranting the proposed sanction;
(2) HHSC decision to uphold or modify the sanction if the notice is issued after an informal review; and
(3) the option for the licensee to:
(A) accept the sanction; or
(B) request a formal hearing no later than 20 days after receiving the formal hearing notice from HHSC.
(c) If the licensee does not accept a modified sanction resulting from an informal review, the hearing notice may be for the original sanction HHSC proposed before the informal review.
(d) HHSC imposes a sanction against a licensee if:
(1) the licensee accepts the decision from HHSC to impose the sanction;
(2) the administrative law judge upholds the proposed sanction from HHSC after the formal hearing; or
(3) the licensee does not request a hearing within 20 days after receiving the formal hearing notice from HHSC.
(e) A hearing is governed by Texas Administrative Code, Title 1, Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and Chapter 110 of this title (relating to Hearings Under the Administrative Procedure Act).
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