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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle B. LICENSING OF HEALTH FACILITIES |
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Chapter 252. INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED |
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Subchapter C. GENERAL ENFORCEMENT |
Sec. 252.067. HEARING; ORDER
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(a) If the person notified requests a hearing, the department shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall make findings of fact and conclusions of law and shall promptly issue to the commissioner of human services or the commissioner's designee a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.
(c) Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the commissioner of human services or the commissioner's designee by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.