Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.430 - Procedures for Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The provisions of this section shall apply to licensees under this subchapter,
				  notwithstanding the provisions of §
										442.103
				  of this title (relating to Procedure for Contested Cases for Counselor and
				  Facility Licenses).
(b) Where the
				  department has issued a notice of violation that has not been resolved by
				  informal disposition and the respondent has timely requested a hearing, the
				  department will proceed to a hearing under the APA, Texas Government Code,
				  Chapter 2001; SOAH Rules of Procedure, 1 Texas Administrative Code, Chapter
				  155; and formal hearing procedures set forth at §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title.
(c) The department will
				  provide written notice of the hearing to the respondent by first class mail and
				  certified mail, return receipt requested, at respondent's last known address as
				  reflected in the department's address of record for the respondent. A Notice of
				  Hearing that complies with the requirements of Texas Government Code, §
										2001.051
				  and §
										2001.052
				  (relating to Opportunity for Hearing and Participation; Notice of Hearing and
				  Contents of Notice), and 1 Texas Administrative Code § 155.401(relating to
				  Notice of Hearing), will be provided at least ten days before the date of the
				  hearing. Respondent's receipt of the Notice of Hearing at least ten days before
				  the date of the hearing will be presumed if the department mailed the Notice of
				  Hearing at least ten days before the date of the hearing, and allowed an
				  additional three days for mailing.
(d) If the respondent fails to appear at a
				  scheduled SOAH hearing after being given proper notice of the hearing at
				  respondent's last known address as reflected in the department's address of
				  record for the respondent, the department may move for dismissal of the case
				  from the SOAH docket, without prejudice, to allow for informal disposition of
				  the case by default order, as provided for in §
										1.25 of this
				  title (relating to Default). Based upon the respondent's failure to appear
				  after proper notice of the hearing, the factual allegations of the notice
				  letter may be deemed true and shall form the basis of a final default order by
				  the department making findings of fact and conclusions of law consistent with
				  the notice of violation, and implementing the proposed action.
(e) If a respondent makes a written request
				  to the department for a transcript of a SOAH proceeding, the department will
				  assess the cost of the transcript to that respondent. If there were multiple
				  respondents to the proceeding, the department will assess the cost
				  proportionally among those respondents requesting a transcript. Where a
				  respondent appeals a final department decision in a contested case, the
				  respondent shall pay the cost of preparation of the original or a certified
				  copy of the record that is required to be sent to the reviewing court, and such
				  charge may be assessed against respondent by the court in accordance with the
				  Texas Rules of Civil Procedure as a court cost.