1. (a) If the executive director imposes a sanction under this subchapter, the department will notify the entity by certified mail within five working days after the date of the executive director's decision. The notice will:

   1. (1) state the sanction and the time period of the sanction, if applicable;
   2. (2) summarize the facts and circumstances underlying the sanction;
   3. (3) explain how the sanction was selected;
   4. (4) if applicable, inform the entity of the imposition of a suspension under subsection (b) of this section; and
   5. (5) state that the entity may appeal the sanction in accordance with §10.256 of this subchapter (relating to Appeal of Sanction, Final Order, and Effective Date).
2. (b) 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 on the sanction is issued by the executive director under §10.256 of this subchapter (relating to Appeal of Sanction, Final Order, and Effect Date).

Source Note:The provisions of this §10.253 adopted to be effective January 6, 2011, 35 TexReg 11951; amended to be effective September 19, 2018, 43 TexReg 6000.