Sec. 252.066. 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 designated by the facility to receive notice. 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 252.065(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 under this section 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 issue an order approving the determination and ordering that the person pay the proposed penalty.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 534, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0788, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability
Subchapter C. General Enforcement
Section 252.061. Emergency Suspension or Closing Order
Section 252.063. License Requirements; Criminal Penalty
Section 252.064. Civil Penalty
Section 252.065. Administrative Penalty
Section 252.0651. Application of Other Law
Section 252.066. Notice; Request for Hearing
Section 252.067. Hearing; Order
Section 252.068. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 252.069. Use of Administrative Penalty
Section 252.070. Expenses and Costs for Collection of Civil or Administrative Penalty