43 Tex. Admin. Code § 10.253

Current through Reg. 49, No. 50; December 13, 2024
Section 10.253 - Notice of Sanction; Suspension
(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) state the sanction and the time period of the sanction, if applicable;
(2) summarize the facts and circumstances underlying the sanction;
(3) explain how the sanction was selected;
(4) if applicable, inform the entity of the imposition of a suspension under subsection (b) of this section; and
(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).
(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).

43 Tex. Admin. Code § 10.253

The provisions of this §10.253 adopted to be effective January 6, 2011, 35 TexReg 11951; Amended by Texas Register, Volume 43, Number 37, September 14, 2018, TexReg 6003, eff. 9/19/2018