SECTION 1.309. Appointment of Manager or Management Team

(a) The DADS commissioner and the DSHS commissioner may appoint a manager or management team to manage and operate a community center in accordance with the Texas Health and Safety Code, §§534.038, 534.039, and 534.040. The DADS commissioner may delegate responsibility for appointing a manager or management team to the DSHS commissioner.

(b) A community center may request a hearing to appeal the commissioners' decision to appoint a manager or management team in accordance with 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act). Requesting a hearing stays the appointment unless the commissioners based the appointment on a finding under §534.038(a)(2) or (4) of the Texas Health and Safety Code, which means the commissioners found that the community center or an officer or employee of the center misused state or federal money or endangers or may endanger the life, health, or safety of a person served by the center.

Source Note: The provisions of this §1.309 adopted to be effective May 25, 2000, 25 TexReg 4540; amended to be effective September 1, 2003, 28 TexReg 6876; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 11, 2011, 36 TexReg 5699