26 Tex. Admin. Code § 711.901

Current through Reg. 49, No. 45; November 8, 2024
Section 711.901 - What is an appeal of the investigation?
(a) An appeal is a challenge of the findings of the investigation, as described in § 711.421 of this chapter (relating to What are the possible findings of an investigation?) by a qualified party, as described by § 711.905 of this chapter (relating to Who may request an appeal of the investigation?) that results in a review of the investigation.
(b) An appeal may not challenge the determination of whether a confirmation rises to the level of reportable conduct for purposes of the Employee Misconduct Registry.
(c) There are two levels of appeal:
(1) The first level appeal is conducted by the Director of Provider Investigations or his or her designee, or a reviewer designated by the Director of Provider Investigations .
(2) If a qualified party disagrees with the decision of the first appeal, the qualified party may further appeal. This second level appeal is conducted by a reviewer designated by the Director of Provider Investigations .
(d) The determination resulting from the second appeal is final and cannot be appealed by any qualified party except Disability Rights Texas or as described in § 711.913 (relating to What if the administrator of a state-operated facility disagrees with the second level appeal decision?).

26 Tex. Admin. Code § 711.901

Adopted by Texas Register, Volume 41, Number 34, August 19, 2016, TexReg 6224, eff. 9/1/2016; Amended by Texas Register, Volume 43, Number 07, February 16, 2018, TexReg 0906, eff. 3/1/2018; transferred from Tex. Admin. Code § 711.901 by Texas Register, Volume 44, Number 21, May 24, 2019, TexReg 2617, eff. 6/15/2019