SECTION 711.1434. What special considerations apply to employees of state-operated facilities?

(a) The sole way to dispute a finding of reportable conduct and submission of the employee's name to the EMR is provided by the procedures in this subchapter. A Request for EMR hearing filed under this subchapter is not a request for a grievance on disciplinary action from an employer.

(b) If an employee of a state-operated facility is notified by the employer that the employee is entitled to a grievance on disciplinary action based on a finding of reportable conduct by HHSC, the employee makes a separate request for a grievance hearing in accordance with the employment policies of the employer. A request for a grievance on disciplinary action will not be considered a request for an EMR hearing under this subchapter.

(c) When an employee files both a Request for EMR hearing under this subchapter and a grievance on disciplinary action based on HHSC's finding of reportable conduct, the EMR hearing will take place prior to the grievance hearing.

(d) The outcome of a grievance on disciplinary action will not change HHSC's finding of reportable conduct.

Source Note: The provisions of this §711.1434 adopted to be effective July 5, 2020, 45 TexReg 4525