Tex.
Human Resources Code Section 43.0106
Administrative Hearing
(a)
If the department denies a license or proposes to suspend, revoke, or refuse to renew a person’s license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001 (Administrative Procedure), Government Code. Rules of practice adopted by the executive commissioner under Section 2001.004 (Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions), Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.(b)
A person may not continue to operate as a licensed child-care administrator or child-placing agency administrator during the appeal process if the department determines that the person is an immediate threat to the health or safety of a child.(c)
The department must notify the person, and if applicable, the governing body of the facility that employs the person, of the department’s determination under Subsection (b).
Source:
Section 43.0106 — Administrative Hearing, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.43.htm#43.0106 (accessed Jun. 5, 2024).
