26 Tex. Admin. Code § 745.8811

Current through Register Vol. 49, No. 48, November 29, 2024

Section 745.8811 - How is an administrative review conducted?

(a) The person conducting an administrative review may conduct the review by telephone conference, including virtual conferencing, or in a face-to-face meeting at the person's office.

(b) Within 10 calendar days after receiving a request that meets the requirements of §745.8805 of this division (relating to How does a person request an administrative review?), the person conducting the administrative review will contact the requestor to schedule a date and time to conduct the review.

(c) Subject to the limitations in subsection (h) of this section, the telephone conference or meeting must occur within 30 days of the date of this initial contact, unless additional time is necessary to complete a records request related to the subject of the administrative review. If additional time is necessary, the 30-day timeframe for completing the conference or meeting will begin when the requestor obtains the records.

(d) The person conducting the administrative review will proceed with the review without conducting the telephone conference or meeting if:

(1) The requestor does not respond to the person's attempts to schedule the conference or meeting within the 30-day timeframe and does not show good cause for the requestor's failure to respond within the timeframe;

(2) The requestor does not schedule the conference or meeting within the 30-day timeframe and does not show good cause for the requestor's failure to schedule the conference or meeting within the timeframe; or

(3) The requestor misses the scheduled conference or meeting without requesting a delay under subsection (e) of this section.

(e) To delay the telephone conference or meeting, the requestor must present a good cause reason for a delay, in writing, to the person conducting the administrative review before the time of the scheduled telephone conference or meeting. The person conducting the review will decide whether good cause exists to delay the conference or meeting.

(f) "Good cause" in this section is a reason for taking an action or failing to take an action that is reasonable and justified when viewed in the context of the surrounding circumstances.

(g) Following the telephone conference or meeting, the person conducting the administrative review will review any documentation the requestor provided, may review any other relevant files, may ask additional questions, and may gather other relevant information, as needed.

(h) When an operation has been cited for the abuse, neglect, or exploitation of a child in care, an administrative review for a deficiency in the following will be postponed while the finding is pending an administrative review before the Texas Department of Family and Protective Services:

(1) A standard related to ensuring that no child is abused, neglected, or exploited while in the care of the operation; or

(2) A standard stating that the child has the right to be free from abuse, neglect, or exploitation.

26 Tex. Admin. Code § 745.8811

Adopted by Texas Register, Volume 48, Number 03, January 20, 2023, TexReg 0221, eff. 1/26/2023