SECTION 711.901. What is an appeal of the investigation?

(a) An appeal is a challenge of the findings of the investigation, as described in §711.421 of this chapter (relating to What are the possible findings of an investigation?) by a qualified party, as described by §711.905 of this chapter (relating to Who may request an appeal of the investigation?) that results in a review of the investigation.

(b) An appeal may not challenge the determination of whether a confirmation rises to the level of reportable conduct for purposes of the Employee Misconduct Registry.

(c) There are two levels of appeal:

(1) The first level appeal is conducted by the Director of Provider Investigations or his or her designee, or a reviewer designated by the Director of Provider Investigations.

(2) If a qualified party disagrees with the decision of the first appeal, the qualified party may further appeal. This second level appeal is conducted by a reviewer designated by the Director of Provider Investigations.

(d) The determination resulting from the second appeal is final and cannot be appealed by any qualified party except Disability Rights Texas or as described in §711.913 (relating to What if the administrator of a state-operated facility disagrees with the second level appeal decision?).

Source Note: The provisions of this §711.901 adopted to be effective September 1, 2016, 41 TexReg 6218; amended to be effective March 1, 2018, 43 TexReg 903; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617