SECTION 13.454. Commissioner Action

(a) A proposed acquisition of control will be disapproved if, after notice and opportunity for hearing, the commissioner determines that:

(1) immediately following the change of control, the certificate holder would not be able to satisfy the requirements for the issuance of a certificate of authority;

(2) the competence, trustworthiness, experience, and integrity of the individuals who would control the operation of the certificate holder are such that it would not be in the interest of health care services consumers in this state to permit the acquisition of control; or

(3) the acquisition of control would violate this code or another law of this state, any law of another state, or of the United States.

(b) Notwithstanding subsection (a) of this section, a change in control is considered approved if the commissioner has not, before the 61st day after the date on which the department receives all information required by this division:

(1) acted on the proposed change of control; or

(2) required that the HCC file an application for renewal as a result of the proposed change of control.

Source Note: The provisions of this §13.454 adopted to be effective March 31, 2013, 38 TexReg 2100