(a) The department shall give notice of the order under § 48.405 to the employee alleged to have committed the reportable conduct. The notice must include:
(1) separate statements of the findings of fact and conclusions of law;
(2) a statement of the right of the employee to judicial review of the order; and
(3) a statement that the reportable conduct will be recorded in the employee misconduct registry under § 253.007, Health and Safety Code, if:
(A) the employee does not request judicial review of the finding; or
(B) the finding is sustained by the court.
(b) Not later than the 30th day after the date the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the finding, the department shall send a record of the department’s findings to the Department of Aging and Disability Services to record in the employee misconduct registry under § 253.007, Health and Safety Code.

Terms Used In Texas Human Resources Code 48.406

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Rule: includes regulation. See Texas Government Code 311.005

(c) Judicial review of the order:
(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(d) If the court sustains the finding of the occurrence of the reportable conduct, the department shall forward the finding of reportable conduct to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under § 253.007, Health and Safety Code.