SECTION 555.53. Formal Hearings

(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 Title 40, Chapter 91 (relating to Hearings, Under the Administrative Procedure Act).

Source Note: The provisions of this §555.53 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective February 15, 2017, 42 TexReg 569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791