SECTION 705.1529. How and when is the decision made after the EMR hearing?

(a) The administrative law judge will prepare a dispositive order that may become final (Final Order), which will be mailed to the employee at the employee's last known mailing address. The Final Order must contain the following:

(1) separate statements of the findings of fact and conclusions of law that uphold, reverse, or modify the findings as to whether:

(A) the employee committed abuse, neglect, or financial exploitation; and

(B) the abuse, neglect, or financial exploitation committed by the employee meets the definition of reportable conduct; and

(2) if reportable conduct is found to have occurred:

(A) a statement of the right of the employee to seek judicial review of the order; and

(B) a statement that the finding of reportable conduct will be forwarded to HHSC to be recorded in the Employee Misconduct Registry unless the employee timely files a petition for judicial review as provided in §705.1531 of this chapter (relating to How is judicial review requested and what is the deadline?).

(b) The commissioner may designate a Final Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and DFPS policy. A Final Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.

Source Note: The provisions of this §705.1529 adopted to be effective February 1, 2021, 46 TexReg 317