26 Tex. Admin. Code § 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rescinded.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.
Notes
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