SECTION 559.217. Opportunity to Show Compliance

(a) Before the institution of proceedings to revoke or suspend a license or deny an application for the renewal of a license, the Texas Health and Human Services Commission (HHSC) gives the license holder:

(1) notice by personal service or by registered or certified mail of the facts or conduct alleged to warrant the proposed action; and

(2) an opportunity to show compliance with all requirements of law for the retention of the license by sending HHSC a written request for an opportunity to show compliance. The request must:

(A) be postmarked within 10 days after the date of HHSC's notice and be received by HHSC within 10 days after the date of the postmark; and

(B) contain specific documentation refuting HHSC's allegations.

(b) HHSC's review will be limited to a review of documentation submitted by the license holder and information used by HHSC as the basis for its proposed action and will not be conducted as an adversary hearing. HHSC will give the license holder a written affirmation or reversal of the proposed action.

Source Note: The provisions of this §559.217 adopted to be effective January 1, 2023, 47 TexReg 8709