Texas Statutes
Subchapter A. Home and Community Support Services License
Section 142.0172. Hearing; Order

Sec. 142.0172. HEARING; ORDER. (a) If the person notified requests a hearing, the department shall refer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall conduct the hearing.
(a-1) The department shall give written notice of the hearing to the person.
(b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.
(c) Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.
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. 3.0408, eff. April 2, 2015.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 2 - Health

Subtitle G - Licenses and Other Regulation

Chapter 142 - Home and Community Support Services

Subchapter A. Home and Community Support Services License

Section 142.001. Definitions

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 142.0091. Training

Section 142.0092. Consumer Complaint Data

Section 142.0093. Retaliation Prohibited

Section 142.0094. Use of Regulatory Survey Reports and Other Documents

Section 142.0095. Investigations of Home and Community Support Services Agencies Providing Hospice Services

Section 142.010. Fees

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 142.013. Injunction

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