26 Tex. Admin. Code § 551.233
Revocation
Effective May 1, 200025 TexReg 3557Source Note: The provisions of this §551.233 adopted to be effective August 31, 1993, 18 TexReg 2557; 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 5731; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; amended to be effective May 1, 2000, 25 TexReg 3557; transferred effective May 1, 2019, as published in the Texas ReTexas Secretary of State
(a) The Texas Department of Human Services (DHS) may revoke a facility's license when:
- (1) the facility's violation of the licensure rules jeopardizes the health and safety of residents; or
- (2) the facility has violated the requirements of the Health and Safety Code, Chapter 252, or the rules adopted under that chapter, in either a repeated or substantial manner.
(b) In addition, DHS may revoke a license if the license holder:
- (1) submitted false or misleading statements in the application for a license or any accompanying attachments;
- (2) used subterfuge or 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 §90.13 of this title (relating to Applicant Disclosure Requirements) that would have been the basis to deny the license under §90.17 of this title (relating to Criteria for Denying a License or Renewal); or
- (4) received monetary or other remuneration from a person or agency that furnishes services or materials to the facility or individuals for a fee.
- (c) Revocation of a license may occur simultaneously with any other enforcement provision available to DHS.
- (d) The facility will be notified by certified mail of DHS's 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 the retention of the license as provided in §90.18 of this title (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.
- (e) The facility will be notified by certified mail of DHS's intent to revoke the license, including the facts or conduct alleged to warrant the revocation. The facility has 15 days from receipt of the certified mail notice to request a hearing in accordance §§79.1601-79.1614 of this title (relating to Formal Hearings). The revocation will take effect when the deadline for appeal of the revocation passes, unless the facility appeals the revocation. If the facility appeals the revocation, the status of the license holder is preserved until final disposition of the contested matter. Upon revocation, the license must be returned to DHS.
Source Note:The provisions of this §551.233 adopted to be effective August 31, 1993, 18 TexReg 2557; 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 5731; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; amended to be effective May 1, 2000, 25 TexReg 3557; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883.