(a) Before DSHS takes final disciplinary action under §296.312 of this chapter (relating to Action against an Accreditation), §296.313 of this chapter (relating to Denial, Suspension, or Revocation of License or Reprimand of Licensee), §296.316 of this chapter (relating to Probation), §296.317 of the chapter (relating to Denial, Revocation, or Suspension of Approval of a Training Course), or assesses an administrative penalty under §296.318 of this chapter (relating to Administrative Penalty), DSHS will issue a notice of violation proposing a disciplinary action.
(b) A person may accept DSHS's proposal in writing or may request a hearing in writing no later than 30 days after the date the person receives the notice. If the person accepts DSHS's proposal, DSHS issues a final order imposing the disciplinary action or administrative penalty, or both. If the person requests a hearing, DSHS refers the matter to the State Office of Administrative Hearings for a contested case hearing.
(c) If the person named in a notice does not timely request a hearing on a notice assessing an administrative penalty, DSHS may find that the alleged conduct and violation occurred and issue a final order assessing an administrative penalty.
(d) A hearing held under this chapter is governed by and conducted under:
  (1) the Administrative Procedure Act, Texas Government Code, Chapter 2001;
  (2) the procedural rules of the State Office of Administrative Hearings in 1 TAC Chapter 155 (relating to Rules of Procedure); and
  (3) Chapter 1, Subchapter B of this title (relating to Formal Hearing Procedures).

Source Note: The provisions of this §296.320 adopted to be effective July 8, 2021, 46 TexReg 3880