1. (a) Commissioner to send notice. The commissioner or the commissioner's designee shall send each person against whom the Texas Department of Human Services (DHS) takes adverse action notice of the adverse action.
2. (b) Services. The notice shall be sent by certified mail, return receipt requested, unless DHS determines that a more immediate form of notice is required.
3. (c) Contents of notice. The notice shall include details of the basis of the adverse action sufficient to enable the person to file a timely appeal of and request a hearing on the imposition of the adverse action by DHS. The notice shall inform the person that the person has the right to a hearing to contest the adverse action by sending a written request for a hearing to the Hearings Department and shall specify the date by which such written request must be received by the Hearings Department.
4. (d) Notice not required. DHS is not required to give a person notice of adverse action with each billing transaction for areas of DHS that have a large volume of bills or which routinely post debit and credit entries. DHS must give the contractor an individual notice of appeal rights any time the contractor informs DHS that the contractor is dissatisfied with a claim transaction that is an adverse action.
5. (e) Special requirements for contractors. A notice of adverse action involving a contract cancellation must specify whether the contract will remain in force pending completion of the appeal.

6. (f) Special requirements for nurse aides. A notice of adverse action to a nurse aide accused of resident abuse, resident neglect, or misappropriation of a resident's property must include:

   1. (1) the nature of the allegations;
   2. (2) the date and time of the alleged occurrence;
   3. (3) notification of the right to a hearing;
   4. (4) notification of DHS's intent to report the findings to the nurse aide registry following a hearing;
   5. (5) the fact that the nurse aide's failure to request a hearing within 30 days from the date of the notice will result in reporting the findings to the nurse aide registry;
   6. (6) the consequences of waiving the right to a hearing;
   7. (7) the consequences of a finding through the hearing process that the alleged conduct occurred; and
   8. (8) the fact that the nurse aide has the right to be represented by an attorney of the nurse aide's choice at the nurse aide's expense.

7. (g) Special requirements for administrative penalties assessed against nursing facility administrators.

   1. (1) Notice given by DHS. When DHS determines that an administrative penalty should be assessed against a nursing facility administrator, DHS shall give written notice of such determination to the administrator.
   2. (2) Contents of notice. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty. The notice must inform the administrator of the date by which the administrator should submit its written request for a hearing to the Hearings Department and must inform the administrator that the administrator has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

8. (h) Special requirements for motor vehicle or recreational licenses.

   1. (1) Initiation of adverse action. DHS may initiate a proceeding to suspend a license by filing a petition with the Hearings Department.
   2. (2) Contents of petition. DHS's petition must state that license suspension is authorized under §23.003 of the Texas Human Resources Code and must allege the licensee's name; the licensee's social security number, if known; the type of license held by the licensee; the licensing authority involved; and the amount that DHS claims is owed by the licensee.
   3. (3) Notice of filing of petition. At the time of the filing of the petition to suspend a license, DHS shall give the licensee notice of the licensee's right to a hearing before the Hearings Department, notice of the deadline for requesting a hearing before the Hearings Department, and a form requesting a hearing for completion by the licensee for filing with the Hearings Department.

   4. (4) Contents of notice. The notice required under this section must inform the licensee that the licensee's license will be suspended on the 60th day after the date of service of the notice unless the licensee:

      1. (A) pays the amount owed to DHS;
      2. (B) presents evidence of a payment history satisfactory to DHS in compliance with a reasonable repayment schedule; or
      3. (C) appears at a hearing before the Hearings Department and shows that the petition for suspension of a license should be denied or that an order suspending the license should be stayed.
   5. (5) Service. DHS shall serve the notice required under this section in accordance with the rules for service in civil cases under the Texas Rules of Civil Procedure.
9. (i) Special requirements for administrative penalties assessed pursuant to §242.066 of the Texas Health and Safety Code. A notice of adverse action to a person shall include a brief summary of the charges; the amount of the recommended penalty; whether the violation is subject to correction, and, if so, the date by which the institution must file a plan of correction and the date by which the plan of correction must be filed to avoid assessment of the penalty; and a statement that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
10. (j) Special requirements for administrative penalties involving intermediate care facilities for the mentally retarded. A notice of adverse action to a person shall include a brief summary of the alleged violation, the amount of the proposed penalty, and a statement that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

Source Note:The provisions of this §357.484 adopted to be effective January 25, 2000, 25 TexReg 391; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013.