Section 711.1429 - How and when is the decision made after the EMR hearing?(a) The administrative law judge will prepare a "Hearing Order" which will be mailed to the employee at the employee's last known mailing address. The Hearing 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 EMR unless the employee timely files a petition for judicial review as provided in § 711.1431 of this subchapter (relating to How is judicial review requested and what is the deadline?).(b) The executive commissioner may designate a Hearing Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and HHSC policy. A Hearing Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.26 Tex. Admin. Code § 711.1429
Adopted by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4525, eff. 7/5/2020