1. (a) DADS gives a licensee a formal hearing notice if:

   1. (1) DADS proposes a sanction; or
   2. (2) DADS upholds or modifies a proposed sanction after an informal review, in accordance with §18.52 of this subchapter (relating to Informal Reviews).

2. (b) The formal hearing notice to the licensee includes:

   1. (1) a description of the alleged rule violations warranting the proposed sanction;
   2. (2) DADS decision to uphold or modify the sanction if the notice is issued after an informal review; and

   3. (3) the option for the licensee to:

      1. (A) accept the sanction; or
      2. (B) request a formal hearing no later than 20 days after receiving the formal hearing notice from DADS.

3. (c) DADS imposes a sanction against a licensee if:

   1. (1) the licensee accepts the decision from DADS to impose the sanction;
   2. (2) the administrative law judge upholds the proposed sanction from DADS after the formal hearing; or
   3. (3) the licensee does not request a hearing within 20 days after receiving the formal hearing notice from DADS.
4. (d) A hearing is governed by 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and Chapter 91 of this title (relating to Hearings Under the Administrative Procedure Act).

Source Note:The provisions of this §555.53 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective February 15, 2017, 42 TexReg 569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.