- (a) The executive director may impose a sanction on an entity if a ground for a sanction under §10.101 of this chapter (relating to Required Conduct) exists. The executive director will impose sanctions under this subchapter in accordance with §10.255(c) of this subchapter (relating to Application of Sanction).
- (b) Except as provided in §10.256(g) of this subchapter (relating to Appeal of Sanction), a sanction is effective on the date specified in the notice of sanction under §10.253 of this subchapter (relating to Notice of Sanction).
- (c) The imposition of a sanction on an entity does not affect the entity's obligations under an agreement with the department or limit the department's remedies under the agreement.
- (d) The executive director, concurrent with the delivery of the notice of a sanction other than a reprimand, may suspend an entity without a prior hearing. Before imposing a suspension, the executive director will consider all relevant circumstances, including the severity and willfulness of the conduct, the likelihood of immediate harm to the public, and whether there has been a pattern of inappropriate conduct. The suspension terminates when a final order is entered under §10.256(e) of this subchapter.
Source Note:The provisions of this §10.252 adopted to be effective January 6, 2011, 35 TexReg 11951.