Revision 19-1; Effective July 1, 2019

An appeal is a challenge of the findings of the investigation by a qualified party. A qualified party includes:

  • the service provider's administrator or attorney;
  • the CDS employer or the employer's legal representative;
  • the reporter;
  • the alleged victim, victim, their legal guardian, or their parent (if the alleged victim is a child); or
  • Disability Rights Texas, only if Disability Rights Texas represents the alleged victim or victim or is authorized by law to represent the alleged victim.

The following restrictions apply to an appeal of findings:

  • An alleged or designated perpetrator may not request an appeal even if they are otherwise a qualified party.
  • An alleged or designated perpetrator may not coerce a provider into requesting an appeal on their behalf.
  • An appeal may not challenge whether a confirmation rises to the level of reportable conduct for purposes of the Employee Misconduct Registry (EMR).
  • An administrator or contractor CEO who is the alleged perpetrator is not eligible to request an appeal of the finding. In this case, the administrator's designee can request an appeal of the findings.

See related 26 TAC §711.901 and 26 TAC §711.905

4310 Request an Appeal

Revision 19-1; Effective July 1, 2019

First Level Appeal

A qualified party may request a first level appeal using Form 2324, First Level Appeal of Provider Investigation Finding.

The alleged victim or victim, legal guardian, parent (if the alleged victim or victim is a child), and reporter may request a first level appeal by calling 888-778-4766.

Service providers may request an appeal no later than the 30th calendar day following the date the investigative report was signed and dated by the investigator.

Reporters, alleged victims or victims, legal guardians, and Disability Rights Texas may request an appeal no later than the 60th calendar day following the date the investigative report was signed and dated by the investigator.

PI may accept a request for appeal after the deadline for good cause as determined by PI.

Second Level Appeal

If a qualified party disagrees with the decision of the first appeal, they may request a second level appeal using Form 2349, Second Level Appeal of Provider Investigation Finding.

The alleged victim or victim, legal guardian, parent (if the alleged victim or victim is a child), and reporter may request a second level appeal by calling 888-778-4766.

Submit requests for second level appeals no later than 30 calendar days following the date the first level appeal decision letter is signed.

PI may accept a request for appeal after the deadline for good cause as determined by PI.

See related 26 TAC §711.907 and 26 TAC §711.909.

4320 Appeal Process

Revision 19-1; Effective July 1, 2019

A first level appeal is conducted by the director of provider investigations or their designee. A second level appeal is conducted by a reviewer designated by the director of provider investigations, who:

  • analyzes the investigative report and the methodology used to conduct the investigation;
  • decides to sustain, alter, or reverse the original finding or return the case to the district for additional investigation; and
  • completes the review within 14 calendar days after receipt of the complete appeal request.

See related 26 TAC §711.911 and 26 TAC §711.915.

4330 Appeal Outcome

Revision 21-1; Effective April 26, 2021

The reviewer notifies the requestor of the appeal outcome. If the finding changed the following people will also be notified, as appropriate:

  • the service provider;
  • alleged victim or victim; or
  • reporter.

The determination resulting from the second appeal is final and cannot be appealed by any qualified party except Disability Rights Texas.

If the administrator of a state operated facility disagrees with the second level appeal decision, the administrator may contest the decision in accordance with 25 TAC §417.510(g)(2) and 40 TAC §3.305(b).

See related 26 TAC §711.911 and 26 TAC §711.913.