SECTION 559.103. Revocation

(a) DADS may revoke a facility's license when the license holder has violated the requirements of the Texas Human Resources Code, Chapter 103.

(b) In addition, DADS may revoke a license if the licensee:

(1) submitted false or misleading statements in the application for a license or any accompanying attachments;

(2) used subterfuge or other evasive means to obtain the license;

(3) concealed a material fact in the application for a license or failed to disclose information required in §98.13 of this title (relating to Applicant Disclosure Requirements) that would have been the basis to deny the license under §98.19 of this title (relating to Criteria for Denying a License or Renewal of a License); or

(4) violated the requirements of the Texas Human Resources Code, Chapter 103, or the rules adopted under this chapter.

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

(d) The facility will be notified by certified mail of DADS' intent to revoke the license, including the facts or conduct alleged to warrant the revocation. 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.

(e) If DADS revokes 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 the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. If the facility appeals the revocation, the status of the license holder is preserved until final disposition of the contested matter.

Source Note: The provisions of this §559.103 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5736; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; 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