(a) DADS may issue an emergency order to suspend a license, as authorized by THSC Chapter 248A, if DADS has reasonable cause to believe that the conduct of a license holder creates an immediate danger to a minor served at the center or the public's health and safety.
  (1) If DADS issues an order for emergency suspension of the center's license, DADS provides immediate notice to the controlling person, administrator, or alternate administrator of the center by personal service, facsimile transmission, or registered or certified mail. The notice includes:
    (A) the action taken;
    (B) legal grounds for the action;
    (C) the procedure governing appeal of the action; and
    (D) the effective date of the order.
  (2) An order for emergency licensure suspension goes into effect immediately.
  (3) On written request of a license holder, DADS conducts a hearing not earlier than the 10th day or later then the 30th day after the date DADS receives the hearing request to determine if the emergency suspension should be continued, modified, or rescinded.
  (4) The hearing and any appeal are governed by DADS rules for a contested case hearing and by Chapter 2001, Texas Government Code.
(b) If DADS suspends a license, the suspension remains in effect until DADS determines that the reason for an emergency licensure suspension no longer exists. An emergency licensure suspension may last no longer than the term of the license. DADS conducts an inspection of the center before making a determination to recommend cancellation of a suspension. During the suspension, the license holder must return the license to DADS.

Source Note: The provisions of this §550.1403 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875