(a) Informal reconsideration (IR) for intermediate care facilities for the mentally retarded. Prior to the effective date of any termination of certification, the Texas Department of Human Services (DHS) gives the facility an opportunity for an IR.
(1) Elements of the informal reconsideration are as follows. (2) DHS will provide IRs for an immediate termination of certification as follows. (3) DHS will not provide an IR for an immediate termination of certification if, as a result of a credible allegation visit, DHS's proposal to immediately terminate the facility's certification is notchanged. (4) DHS will provide IRs for a 90-day termination of certification as follows. (5) DHS will not provide an IR for a 90-day termination of certification if, as a result of a credible allegation visit, DHS's proposal to terminate the facility's certification in 90 days is not changed. (b) Formal hearing for all facilities. (1) The facility will have the opportunity for a formal hearing after the effective date of the termination of certification, denial of certification, or other adverse certification recommendation. (2) A facility desiring a formal hearing must make a request to DHS, in writing, within 15 calendar days after the facility receives DHS's official notice of the action. Upon receipt of the request, DHS's Office of General Counsel will institute formal hearing procedures.Failure of the facility to request a formal hearing within 15 calendar days constitutes a waiver of the right to a hearing. (3) The formal hearing will be conducted in accordance with DHS's formal hearing procedures in Chapter 79 of this title (relating to Legal Services).
Source Note: The provisions of this §96.7 adopted to be effective August 31, 1993, 18 TexReg 2725; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5736; amended to be effective March 1, 1995, 20 TexReg 353; amended to be effective July 31, 1995, 20 TexReg 5261.