(a) The Texas Health and Human Services Commission (HHSC) may issue an emergency order to suspend a facility's license issued under this chapter, if HHSC has reasonable cause to believe that the conduct of a license holder creates an immediate danger to public health and safety.
(b) An emergency suspension under this section is effective immediately without a hearing on notice to the license holder.
(c) On written request of the license holder to HHSC for a hearing, HHSC shall refer the matter to the State Office of Administrative Hearings. An administrative law judge of the office shall conduct a hearing, not earlier than the 10th day or later than the 30th day after the date HHSC receives the hearing request, to determine if the emergency suspension is to be continued, modified, or rescinded.
(d) A hearing and any appeal under this section are governed by HHSC rules for a contested case hearing and Texas Government Code Chapter 2001 (relating to Administrative Procedure).

Source Note: The provisions of this §509.104 adopted to be effective December 4, 2023, 48 TexReg 7064