Sec. 142.0171. NOTICE; REQUEST FOR HEARING. (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. The notice shall include:
(1) a brief summary of the alleged violation;
(2) a statement of the amount of the proposed penalty based on the factors listed in Section 142.017(d); and
(3) a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(b) Not later than the 20th day after the date on which the notice is received, the person notified may accept the determination of the department made under this section, including the proposed penalty, or may make a written request for a hearing on that determination.
(c) If the person notified of the violation accepts the determination of the department or if the person fails to respond in a timely manner to the notice, the department shall order the person to pay the proposed penalty.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0407, eff. April 2, 2015.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 142 - Home and Community Support Services
Subchapter A. Home and Community Support Services License
Section 142.0011. Scope, Purpose, and Implementation
Section 142.0012. Controlling Person
Section 142.002. License Required
Section 142.0025. Temporary License
Section 142.003. Exemptions From Licensing Requirement
Section 142.004. License Application
Section 142.005. Compliance Record in Other States
Section 142.006. License Issuance; Term
Section 142.0061. Possession of Sterile Water or Saline
Section 142.0062. Possession of Certain Vaccines or Tuberculin
Section 142.0063. Possession of Certain Dangerous Drugs
Section 142.0065. Display of License
Section 142.007. Notice of Drug Testing Policy
Section 142.008. Branch Office
Section 142.0085. Alternate Delivery Site License
Section 142.009. Surveys; Consumer Complaints
Section 142.0092. Consumer Complaint Data
Section 142.0093. Retaliation Prohibited
Section 142.0094. Use of Regulatory Survey Reports and Other Documents
Section 142.0104. Change in Application Information
Section 142.0105. License Renewal
Section 142.011. Denial, Suspension, or Revocation of License
Section 142.012. Powers and Duties
Section 142.014. Civil Penalty
Section 142.0145. Violation of Law Relating to Advance Directives
Section 142.017. Administrative Penalty
Section 142.0171. Notice; Request for Hearing
Section 142.0172. Hearing; Order
Section 142.0173. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 142.0174. Use of Administrative Penalty
Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty
Section 142.018. Reports of Abuse, Exploitation, or Neglect
Section 142.019. Certain Physician Referrals Prohibited
Section 142.020. Disposal of Special or Medical Waste
Section 142.0201. Registration for Evacuation; Disaster Preparedness