SECTION 559.102. Nonemergency Suspension

(a) DADS may suspend a facility's license when the facility's violation of the licensure rules threatens to jeopardize the health and safety of clients.

(b) Suspension of a license may occur simultaneously with any other enforcement provision available to DADS.

(c) The facility will be notified by certified mail of DADS' intent to suspend the license, including the facts or conduct alleged to warrant the suspension. The facility has an opportunity to show compliance with all requirements of law for the retention of the license as provided in §98.20 of this title (relating to Opportunity to Show Compliance). If the facility requests an opportunity to show compliance, DADS will give the license holder a written affirmation or reversal of the proposed action.

(d) The facility will be notified by certified mail of DADS' suspension of the facility's license. If DADS suspends a facility's license, the licensee may request a formal appeal by following the Health and Human Services Commission's formal hearing procedures in 1 TAC Chapter 357, Subchapter I. A formal administrative hearing is conducted in accordance with Texas Government Code, Chapter 2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. The suspension will take effect when the deadline for appeal of the suspension passes, unless the facility appeals the suspension. If the facility appeals the suspension, the status of the license holder is preserved until final disposition of the contested matter.

(e) The suspension will remain in effect until DADS determines that the reason for suspension no longer exists. A suspension may last no longer than the term of the license. DADS will conduct an on-site investigation before making a determination. During the suspension, the license holder must return the license to DADS.

Source Note: The provisions of this §559.102 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249