Sec. 242.068. HEARINGS ON ADMINISTRATIVE PENALTIES. (a) An administrative law judge of the State Office of Administrative Hearings shall order a hearing and the department shall give notice of the hearing if a person charged under Section 242.067(c) requests a hearing.
(b) The hearing shall be held before an administrative law judge.
(c) The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter or a rule or order adopted or license issued under this chapter.
(d) Based on the findings of fact and conclusions of law, the administrative law judge by order shall find:
(1) a violation has occurred and assess an administrative penalty; or
(2) a violation has not occurred.
(e) Proceedings under this section are subject to Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.088, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0619, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter C. General Enforcement
Section 242.061. Denial, Suspension, or Revocation of License
Section 242.062. Emergency Suspension or Closing Order
Section 242.064. License Requirement; Criminal Penalty
Section 242.065. Civil Penalty
Section 242.066. Administrative Penalty
Section 242.0663. Violation of Law Relating to Advance Directives
Section 242.0665. Right to Correct
Section 242.067. Report Recommending Administrative Penalty
Section 242.068. Hearings on Administrative Penalties
Section 242.069. Notice and Payment of Administrative Penalty; Interest; Refund
Section 242.0695. Use of Administrative Penalty
Section 242.070. Application of Other Law
Section 242.071. Amelioration of Violation
Section 242.072. Other Remedies
Section 242.073. Legal Action by the Attorney General
Section 242.074. Notification of Change in Financial Condition