Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
Subchapter L - EMPLOYEE MISCONDUCT REGISTRY
Section 711.1429 - How and when is the decision made after the EMR hearing?
Universal Citation: 26 TX Admin Code ยง 711.1429
Current through Reg. 49, No. 38; September 20, 2024
(a) The administrative law judge will prepare a "Hearing Order" which will be mailed to the employee at the employee's last known mailing address. The Hearing Order must contain the following:
(1) separate
statements of the findings of fact and conclusions of law that uphold, reverse,
or modify the findings as to whether:
(A) the
employee committed abuse, neglect, or financial exploitation; and
(B) the abuse, neglect, or financial
exploitation committed by the employee meets the definition of reportable
conduct; and
(2) if
reportable conduct is found to have occurred:
(A) a statement of the right of the employee
to seek judicial review of the order; and
(B) a statement that the finding of
reportable conduct will be forwarded to HHSC to be recorded in the EMR unless
the employee timely files a petition for judicial review as provided in §
711.1431 of this subchapter
(relating to How is judicial review requested and what is the
deadline?).
(b) The executive commissioner may designate a Hearing Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and HHSC policy. A Hearing Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.
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