Section 554.2104 - Suspension of a License(a) The Texas Department of Human Services (DHS) may suspend a facility's license when the license holder, or any other person described in § 554.201(e) of Title 40 (relating to Criteria for Licensing), has: (1) violated the requirements in either a repeated or substantial manner; or(2) committed any act described in § 554.2112(a)(2)-(6) of Title 40 (relating to Administrative Penalties).(b) Suspension of a license may occur simultaneously with any other enforcement provision available to DHS.(c) The facility will be notified by certified mail of DHS's intent to suspend the license, including the facts or conduct alleged to warrant the suspension. The facility has an opportunity to show compliance with all requirements of law for the retention of the license, as provided in § 554.215 of Title 40 (relating to Informal Reconsideration). If the facility requests an informal reconsideration, DHS will give the license holder a written affirmation or reversal of the proposed action.(d) The facility will be notified by certified mail of DHS's suspension of the facility's license. The facility has 15 days from receipt of the certified mail notice to request a hearing in accordance with Chapter 79, Subchapter Q of Title 40 (relating to Formal Appeals). The suspension is effective when the deadline for appeal of the suspension passes, unless the facility appeals the suspension. If the facility appeals the suspension, the status of the license holder is preserved until final disposition of the contested matter.(e) The suspension remains in effect until DHS determines that the reason for suspension no longer exists. DHS will conduct an on-site investigation before making a determination. During the suspension, the license holder must return the license to DHS.26 Tex. Admin. Code § 554.2104
The provisions of this §19.2104 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; Entire chapter transferred from Title 40, Pt. 1, Ch. 19 by Texas Register, Volume 45, Number 50, December 11, 2020, TexReg 8871, eff. 1/15/2021