Section 110.5 - Contested Case Heard by SOAH(a) The State Office of Administrative Hearings (SOAH) hears a contested case arising from the following Texas Health and Human Services Commission (HHSC) programs, services, or activities:(1) primary home care services;(2) community attendant services;(3) day activity and health services;(4) the Community Living Assistance and Support Services Program;(5) the Home and Community-based Services Program;(6) the Texas Home Living Program;(7) the Deaf-Blind Multiple Disabilities Program;(8) the Medically Dependent Children Program;(9) social services authorized by Title XX of the Social Security Act (42 United States Code §§ 1397 - 1397f);(10) In-Home and Family Support services for a person without a diagnosis of an intellectual disability;(11) the Program of All-Inclusive Care for the Elderly;(12) licensure, certification, or contracting of a nursing facility, including a determination related to the Resource Utilization Group Classification System or other utilization review;(14) licensure or certification of an intermediate care facility for persons with an intellectual disability or related condition;(15) licensure of a nursing facility administrator;(16) licensure of an assisted living facility;(17) licensure of a day activity and health services facility;(18) licensure of a home and community support services agency;(19) the nurse aide registry;(20) the nurse aide training and competency evaluation program;(21) the long-term care regulation and provider investigation employee misconduct registry; and(22) the medication aide program.(b) Before a contested case described in subsection (a) of this section is transferred to SOAH: (1) the HHSC Appeals Division has exclusive jurisdiction over the case;(2) Texas Administrative Code (TAC), Title 1, Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and this chapter govern the case; and(3) the parties may conduct discovery in accordance with 1 TAC Chapter 357, Subchapter I.(c) SOAH conducts hearings in accordance with 1 TAC Chapter 155 (relating to Rules of Procedure) and this chapter.(d) A SOAH administrative law judge issues a proposal for decision (PFD) in accordance with 1 TAC Chapter 155.(e) If a party files PFD exceptions, or a reply to exceptions, the party must comply with 1 TAC Chapter 155.26 Tex. Admin. Code § 110.5
Adopted by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8679, eff. 1/1/2023