SECTION 745.8813. What actions may the person conducting the administrative review take at the end of the review?

(a) The person conducting an administrative review may uphold, overturn, or alter the decision or action. The person alters the decision or action by modifying it after assessing the relevant information available at the end of the review. For example, if the disputed decision under review is a minimum standard deficiency, the person conducting the review may determine the deficiency occurred and alter the record by updating the minimum standard to one that better describes the deficiency.

(b) If the telephone conference or meeting did not occur for a reason outlined in §745.8811(d) of this division (relating to How is an administrative review conducted?), the person conducting the administrative review will base the decision to uphold, overturn, or alter the decision or action on the written request for a review, any supporting documentation submitted with the request, and any other information that the person gathered.

(c) If the person overturns or alters the decision or action, the Texas Health and Human Services Commission (HHSC) will update HHSC records to reflect the change.

(d) If the decision or action is altered, the requestor may not request an additional administrative review concerning the altered decision or action.

(e) If the requestor has the right to request a due process hearing related to the altered decision or action, the altered decision or action will be the subject of the hearing.

(f) If the requestor does not have the right to request a due process hearing, the altered decision or action will be final.

Source Note: The provisions of this §745.8813 adopted to be effective January 26, 2023, 48 TexReg 220