reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.252 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.252. Election of Arbitration

Sec. 242.252.  ELECTION OF ARBITRATION.  (a)  Except as provided by Subsection (d), an affected institution may elect binding arbitration of any dispute to which this subchapter applies.  Arbitration under this subchapter is an alternative to a contested case hearing or to a judicial proceeding relating to the assessment of a civil penalty.(b)  An affected institution may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and sending notice of the election to the department and the office of the attorney general.  The election must be filed not later than the 10th day after the date on which the answer is due or the date on which the answer is filed, whichever is sooner. If a civil penalty is requested after the initial filing of a Section 242.094 lawsuit through the filing of an amended or supplemental pleading, an affected institution must elect arbitration not later than the 10th day after the date on which the amended or supplemental pleading is served on the affected institution or its counsel.(c)  The department may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and by notifying the institution of the election not later than the date that the institution may elect arbitration under Subsection (b).(d)  Arbitration may not be used to resolve a dispute related to an affected institution that has had an award levied against it in the previous five years.(e)  If arbitration is not permitted under this subchapter or the election of arbitration is not timely filed:(1)  the court will dismiss the arbitration election and retain jurisdiction of the lawsuit;  and(2)  the State Office of Administrative Hearings shall dismiss the arbitration and has no jurisdiction over the lawsuit.(f)  An election to engage in arbitration under this subchapter is irrevocable and binding on the institution and the department.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.253 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.253. Arbitration Procedures

Sec. 242.253.  ARBITRATION PROCEDURES.  (a)  The arbitration shall be conducted by an arbitrator.(b)  The arbitration and the appointment of the arbitrator shall be conducted in accordance with rules adopted by the chief administrative law judge of the State Office of Administrative Hearings.  Before adopting rules under this subsection, the chief administrative law judge shall consult with the department and shall consider appropriate rules developed by any nationally recognized association that performs arbitration services.(c)  The party that elects arbitration shall pay the cost of the arbitration.  The total fees and expenses paid for an arbitrator for a day may not exceed $500.(d)  The State Office of Administrative Hearings may designate a nationally recognized association that performs arbitration services to conduct arbitrations under this subchapter and may, after consultation with the department, contract with that association for the arbitrations.(e)  On request by the department, the attorney general may represent the department in the arbitration.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.254 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.254. Arbitrator; Qualifications

Sec. 242.254.  ARBITRATOR;  QUALIFICATIONS.  Each arbitrator must be on an approved list of a nationally recognized association that performs arbitration services or be otherwise qualified as provided in the rules adopted under Section 242.253(b).|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.255 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.255. Arbitrator; Selection

Sec. 242.255.  ARBITRATOR;  SELECTION.  The arbitrator shall be appointed in accordance with the rules adopted under Section 242.253(b).|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.256 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.256. Duties of Arbitrator

Sec. 242.256.  DUTIES OF ARBITRATOR.  The arbitrator shall:(1)  protect the interests of the department and the institution;(2)  ensure that all relevant evidence has been disclosed to the arbitrator, department, and institution;  and(3)  render an order consistent with this chapter and the rules adopted under this chapter.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.257 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.257. Scheduling of Arbitration

Sec. 242.257.  SCHEDULING OF ARBITRATION.  (a)  The arbitrator conducting the arbitration shall schedule arbitration to be held not later than the 90th day after the date the arbitrator is selected and shall notify the department and the institution of the scheduled date.(b)  The arbitrator may grant a continuance of the arbitration at the request of the department or institution.  The arbitrator may not unreasonably deny a request for a continuance.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.258 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.258. Exchange and Filing of Information

Sec. 242.258.  EXCHANGE AND FILING OF INFORMATION.  Not later than the seventh day before the first day of arbitration, the department and the institution shall exchange and file with the arbitrator:(1)  all documentary evidence not previously exchanged and filed that is relevant to the dispute;  and(2)  information relating to a proposed resolution of the dispute.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.259 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.259. Attendance Required

Sec. 242.259.  ATTENDANCE REQUIRED.  (a)  The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be present or to obtain a postponement.(b)  An arbitrator may not make an order solely on the default of a party and shall require the party who is present to submit evidence, as required by the arbitrator, before making an award.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.260 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.260. Testimony; Record

Sec. 242.260.  TESTIMONY;  RECORD.  (a)  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by the department or the institution.(b)  The department shall make an electronic recording of the proceeding.(c)  An official stenographic record of the proceeding is not required, but the department or the institution may make a stenographic record.  The party that makes the stenographic record shall pay the expense of having the record made.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.261 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.261. Evidence

Sec. 242.261.  EVIDENCE.  (a)  The department or the institution may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to understand and resolve the dispute.(b)  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Strict conformity to rules applicable to judicial proceedings is not required.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.262 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.262. Closing Statements; Briefs

Sec. 242.262.  CLOSING STATEMENTS;  BRIEFS.  The department and the institution may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.263 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.263. Ex Parte Contacts Prohibited

Sec. 242.263.  EX PARTE CONTACTS PROHIBITED.  (a)  Except as provided by Subsection (b), the department and the institution may not communicate with an arbitrator other than at an oral hearing unless the parties and the arbitrator agree otherwise.(b)  Any oral or written communication, other than a communication authorized under Subsection (a), from the parties to an arbitrator shall be directed to the association that is conducting the arbitration or, if there is no association conducting the arbitration, to the State Office of Administrative Hearings, for transmittal to the arbitrator.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.264 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.264. Order

Sec. 242.264.  ORDER.  (a)  The arbitrator may enter any order that may be entered by the department, executive commissioner, commissioner, or court under this chapter in relation to a dispute described by Section 242.251.(b)  The arbitrator shall enter the order not later than the 60th day after the last day of the arbitration.(c)  The arbitrator shall base the order on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.(d)  The order must:(1)  be in writing;(2)  be signed and dated by the arbitrator;  and(3)  include a statement of the arbitrator's decision on the contested issues and the department's and institution's stipulations on uncontested issues.(e)  The arbitrator shall file a copy of the order with the department and shall notify the department and the institution in writing of the decision.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0639, eff. April 2, 2015.|
TX Health & Safety Code § 242.265 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.265. Effect of Order

Sec. 242.265.  EFFECT OF ORDER.  An order of an arbitrator under this subchapter is final and binding on all parties.  Except as provided by Section 242.267, there is no right to appeal.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.266 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.266. Clerical Error

Sec. 242.266.  CLERICAL ERROR.  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.267 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.267. Court Vacating Order

Sec. 242.267.  COURT VACATING ORDER.  (a)  On a finding described by Subsection (b), a court shall:(1)  on application of an institution, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department;  or(2)  on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of an institution.(b)  A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:(1)  the order was procured by corruption, fraud, or misrepresentation;(2)  the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence;  or(3)  the order exceeded the jurisdiction of the arbitrator under Section 242.264(a).(c)  If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.(d)  A suit to vacate an arbitrator's order must be filed not later than the 30th day after:(1)  the date of the award;  or(2)  the date the institution or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.(e)  Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.268 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.268. No Arbitration in Case of Emergency Order or Closing Order

Sec. 242.268.  NO ARBITRATION IN CASE OF EMERGENCY ORDER OR CLOSING ORDER.  This subchapter does not apply to an order issued under Section 242.062 or 242.072, and neither the department nor the institution may elect to arbitrate a dispute if the subject matter of the dispute is part of the basis for:(1)  revocation, denial, or suspension of an institution's license;(2)  issuance of a closing order under Section 242.062;  or(3)  suspension of admissions under Section 242.072.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|
TX Health & Safety Code § 242.269 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter H. -2. Arbitration of Certain Disputes|Section 242.269. Enforcement of Certain Arbitration Orders

Sec. 242.269.  ENFORCEMENT OF CERTAIN ARBITRATION ORDERS.  (a)  This section applies only to a suit for the assessment of a civil penalty under Section 242.065 in which binding arbitration has been elected under this subchapter as an alternative to the judicial proceeding.(b)  On application of a party to the suit, the district court in which the underlying suit has been filed shall enter a judgment in accordance with the arbitrator's order unless, within the time limit prescribed by Section 242.267(d)(1), a motion is made to the court to vacate the arbitrator's order in accordance with Section 242.267.(c)  A judgment filed under Subsection (b) is enforceable in the same manner as any other judgment of the court.  The court may award costs for an application made under Subsection (b) and for any proceedings held after the application is made.(d)  Subsection (b) does not affect the right of a party, in accordance with Section 242.267 and within the time limit prescribed by Section 242.267(d)(2), if applicable, to make a motion to the court or initiate a proceeding in court as provided by law to vacate the arbitrator's order or to vacate a judgment of the court entered in accordance with the arbitrator's order.|Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.|Subchapter I, consisting of Secs. 242.301 to 242.322, was added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01.For another Subchapter I, consisting of Secs. 242.301 to 242.327, added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01, see Sec. 242.301 et seq. post.Text of subchapter effective until federal determination of failure to comply with federal regulations
TX Health & Safety Code § 242.301 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter I. Nursing Facility Administration|Section 242.301. Definitions

Sec. 242.301.  DEFINITIONS.  In this subchapter:(1)  "Nursing facility" means an institution or facility that is licensed as a nursing home, nursing facility, or skilled nursing facility by the department under this chapter.(2)  "Nursing facility administrator" or "administrator" means a person who engages in the practice of nursing facility administration, without regard to whether the person has an ownership interest in the facility or whether the functions and duties are shared with any other person.(3)  "Practice of nursing facility administration" means the performance of the acts of administering, managing, supervising, or being in general administrative charge of a nursing facility.|Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.302 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter I. Nursing Facility Administration|Section 242.302. Powers and Duties of Department and Executive Commissioner

Sec. 242.302.  POWERS AND DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER.  (a)  The executive commissioner may adopt rules consistent with this subchapter. The executive commissioner shall adopt and publish a code of ethics for nursing facility administrators.(b)  The department shall:(1)   spend funds necessary for the proper administration of the department's assigned duties under this subchapter; and(2)  periodically assess the continuing education needs of license holders to determine whether specific course content should be required.(c)  The department is the licensing agency for the healing arts, as provided by 42 U.S.C. Section 1396g.(d)  The executive commissioner shall establish:(1)  the qualifications of applicants for licenses and the renewal of licenses issued under this subchapter;(2)  reasonable and necessary fees for the administration and implementation of this subchapter; and(3)  a minimum number of hours of continuing education required to renew a license issued under this subchapter.|Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0640, eff. April 2, 2015.|