26 Tex. Admin. Code § 550.1403

Current through Reg. 49, No. 45; November 8, 2024
Section 550.1403 - Emergency License Suspension
(a) HHSC may issue an emergency order to suspend a license, as authorized by THSC Chapter 248A, if HHSC has reasonable cause to believe that the conduct of a license holder creates an immediate danger to a minor served at the center or the public's health and safety.
(1) If HHSC issues an order for emergency suspension of the center's license, HHSC provides immediate notice to the controlling person, administrator, or alternate administrator of the center by personal service, facsimile transmission, or registered or certified mail. The notice includes:
(A) the action taken;
(B) legal grounds for the action;
(C) the procedure governing appeal of the action; and
(D) the effective date of the order.
(2) An order for emergency licensure suspension goes into effect immediately.
(3) On written request of a license holder, HHSC conducts a hearing not earlier than the 10th day, or later than the 30th day after, the date HHSC receives the hearing request to determine if the emergency suspension should be continued, modified, or rescinded.
(4) The hearing and any appeal are governed by HHSC rules for a contested case hearing and by Texas Government Code, Chapter 2001.
(b) If HHSC suspends a license, the suspension remains in effect until HHSC determines that the reason for an emergency licensure suspension no longer exists. An emergency licensure suspension may last no longer than the term of the license. HHSC conducts an inspection of the center before making a determination to recommend cancellation of a suspension. During the suspension, the license holder must return the license to HHSC.

26 Tex. Admin. Code § 550.1403

The provisions of this §550.1403 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7933, eff. 10/16/2024