- (a) The person requesting a hearing must file a written request with the Chief Clerk of Proceedings, Hearings Division of the commission not later than 20 days after receipt of the official notice of adverse action from the commission, receipt of the decision from the medical review division on a review of a medical service or a medical fee under the Act, §413.031, or receipt of a notice of the intent of the commission to determine the legal rights, duties, or privileges of a party within the scope of §148.1 of this title (relating to Scope and Applicability).
- (b) The commission shall deliver the request for a hearing to SOAH within five working days of receipt.
- (c) If the notice of adverse action is a notice of alleged violation, the person charged must file an answer not later than the 20th day after the date of receipt of the notice. The answer must either consent to the proposed sanction, and remit the amount of the penalty, if any, or request a hearing.
- (d) Notwithstanding the provisions of subsection (a) of this section, the commission may request a hearing as permitted by the Act and the implementing rules to the Act, including, but not limited to the Act, §407.046(b) and §411.0415(c).
Source Note:The provisions of this §148.3 adopted to be effective December 4, 1995, 20 TexReg 9706.