Texas Health and Safety Code
§ 242.321 — NOTICE AND HEARING
HS § 242.321Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS · Art. I. NURSING FACILITY ADMINISTRATION
Statute text
View on source(a)If the department determines that a violation has occurred, the department shall give written notice of the determination to the person alleged to have committed the violation. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(b)Within 20 days after the date the person receives the notice, the person in writing may accept the determination and the penalty recommended by the department or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(c)If the person accepts the determination and the penalty recommended by the department, or if the person fails to timely respond to the notice, the department shall impose the recommended penalty.
(d)If the person requests a hearing, the department shall set a hearing and give notice of the hearing to the person. The hearing shall be held in accordance with the rules on contested case hearings adopted by the executive commissioner.
(e)The notice of the hearing decision given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the decision.
(f)Within 30 days after the date the department's decision is final as provided by Section 2001.144, Government Code, the person shall:
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Legislative history
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 5, eff. June 19, 2009.