1. (a) An employee has exhausted the employee's administrative remedies if the employee has been found to have committed reportable conduct and the employee has received or is no longer eligible for:

   1. (1) an EMR hearing;
   2. (2) a rehearing of the employee's case following an EMR hearing; or
   3. (3) judicial review.

2. (b) HHSC takes the following actions once an employee has exhausted the employee's administrative remedies:

   1. (1) modifies HHSC's internal records to reflect the final outcome in the case;
   2. (2) provides notice of the final outcome in the case to any person or entity that was previously notified of HHSC's findings, if the finding is modified; and
   3. (3) sends the employee's name and required information to the EMR if the finding of reportable conduct was sustained.

Source Note:The provisions of this §711.1432 adopted to be effective July 5, 2020, 45 TexReg 4525.