SECTION 561.7. Reportable Conduct Finding and Notice and Opportunity for Administrative Hearing

(a) After an investigation in which HHSC finds that reportable conduct occurred, HHSC provides the employee with written notice of its findings, which includes:

(1) a summary of HHSC's Reportable Conduct finding;

(2) a statement that the employee has the right to an administrative hearing on the occurrence of reportable conduct;

(3) a statement that:

(A) a request for hearing must be made in writing no later than 30 calendar days after the date the employee receives the written notice; or

(B) the employee may accept the reportable conduct finding, which would result in HHSC placing the employee on the EMR; and

(4) the contact information for the Texas Health and Human Services Commission (HHSC) where the employee must submit the request for an administrative hearing.

(b) If the employee accepts HHCS's determination or does not timely request an administrative hearing, the employee's name and related information are entered in the Employee Misconduct Registry (EMR).

(c) An employee may request an administrative hearing conducted in accordance with the Health and Human Services Commission's administrative hearing procedures in Title 1, Texas Administrative Code, Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act).

(d) If an employee timely requests a hearing, the employee is granted an administrative hearing on the occurrence of reportable conduct before an administrative law judge at Texas State Office of Administrative Hearings (SOAH).

(e) The administrative hearing described in §561.7(d) requires the hearing and hearing record to be completed no later than 120 days after the date HHSC received the hearing request.

(f) The administrative law judge makes findings of facts and conclusions of law and issues a proposal for decision as to the occurrence of reportable conduct.

(g) Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, HHSC by order may find that the reportable conduct occurred.

(h) If after an administrative hearing, HHSC finds that the employee committed reportable conduct under §561.7(g), HHSC must issue a final order on that determination and enter into the EMR the information described in §561.8(c) of this chapter (relating to Entering Information into the EMR.)

(i) Notice of a final order issued by HHSC under §561.7(h) must be sent to the employee and must include:

(1) separate statements of the findings of fact and conclusions of law;

(2) a statement of the right of the employee to judicial review of the order; and

(3) a statement that the reportable conduct will be recorded in the EMR under Texas Health and Safety Code §253.007, if:

(A) the employee does not request judicial review of the determination; or

(B) the determination is sustained by the court.

(j) Not later than the 30th day after the date on which the decision becomes final as provided by Texas Government Code Ch. 2001, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the determination, the department will record the reportable conduct in the EMR as set forth in §561.8 of this chapter.

Source Note: The provisions of this §561.7 adopted to be effective April 21, 2022, 47 TexReg 2012