Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter L - ENFORCEMENT ACTIONS
Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS
Section 745.8633 - When may Licensing recommend a voluntary plan of action?

Universal Citation: 26 TX Admin Code § 745.8633

Current through Reg. 50, No. 13; March 28, 2025

(a) Based on our assessment of the criteria provided in § 745.8607 of this subchapter (relating to How will Licensing decide which type of enforcement action to recommend or impose?), we may recommend a voluntary plan of action for your operation for an issue identified in § 745.8605 of this subchapter (relating to When can Licensing recommend or impose an enforcement action against my operation?) if we determine that:

(1) You:
(A) Demonstrate the ability to identify risk;

(B) Accept responsibility for correcting deficiencies; and

(C) Have the ability to make corrections;

(2) If applicable, your operation has a history of making corrections to maintain compliance;

(3) Your operation can reduce risk by following the plan in addition to complying with minimum standards; and

(4) Your operation has not participated in a voluntary plan of action during the previous 12 months for similar issues.

(b) If you are responsible for multiple operations, we may consider your compliance history at any of those multiple operations when we use the factors listed in subsection (a) of this section to determine your eligibility to participate in a voluntary plan of action.

(c) We will impose a more restrictive enforcement action instead of recommending a voluntary plan of action when appropriate under the criteria for that enforcement action.

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