Section 559.103 - Revocation(a) HHSC may revoke a facility's license when the license holder has violated the requirements of Texas Human Resources Code, Chapter 103.(b) In addition, HHSC may revoke a license if the licensee:(1) submitted false or misleading statements in the application for a license or any accompanying attachments;(2) used other evasive means to obtain the license;(3) concealed a material fact in the application for a license or failed to disclose information required in § 559.19 of this chapter (relating to Applicant Disclosure Requirements) that would have been the basis to deny the license under §559.31 of this chapter (relating to Criteria for Denying a License or Renewal of a License); or(4) violated the rules adopted under this chapter.(c) Revocation of a license may occur simultaneously with any other enforcement provision available to HHSC.(d) HHSC notifies the facility of its intent to revoke the license, including the facts or conduct alleged to warrant the revocation. The facility has an opportunity to show compliance with all requirements of law for retention of the license as provided in §559.33 of this title (relating to Opportunity to Show Compliance). If the facility requests an opportunity to show compliance, HHSC gives the license holder a written affirmation or reversal of the proposed action.(e) If HHSC revokes a facility's license, the licensee may request a formal appeal by following the HHSC's formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act). A formal administrative hearing is conducted in accordance with the formal hearing procedures in 1 TAC Chapter 357, Subchapter I. If the facility appeals the revocation, the status of the license holder is preserved until final disposition of the contested matter. The license holder must return the license to HHSC within 72 hours of passing the appeal deadline or, if an appeal is filed, final disposition of the appeal.26 Tex. Admin. Code § 559.103
The provisions of this §98.103 adopted to be effective August 31, 1993, 18 TexReg 2726; Transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5736; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; Transeferred from Title 40 Part 1 Chapter 98 Subchapters A-G by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9249, eff. 1/15/2021; Amended by Texas Register, Volume 49, Number 27, July 5, 2024, TexReg 4916, eff. 7/10/2024