Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · CHAPTER 48. INVESTIGATIONS AND PROTECTIVE SERVICES FOR ELDERLY PERSONS AND PERSONS WITH DISABILITIES
Texas Codes

Tex. Hum. Res. Code § 48.405 (2026)

Hearing; Order

✓ current as of May 2026
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Sec. 48.405. HEARING; ORDER. (a) If the employee requests a hearing, the department or its designee shall:

(1) set a hearing;

(2) give written notice of the hearing to the employee; and

(3) designate an administrative law judge to conduct the hearing.

(b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue an order regarding the occurrence of the reportable conduct.

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1056, Sec. 17, eff. September 1, 2011.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 18, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 16, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 17, eff. September 1, 2011.

Notes of Decisions
Cited in 4 cases, 2016–2019 · leading case: E. A.// Texas Dep't of Fam. & Prot. Servs. v. Texas Dep't of Fam. & Prot. Servs.// Cross-Appellee, E. A. (Tex. App. 2016).
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E. A.// Texas Dep't of Fam. & Prot. Servs. v. Texas Dep't of Fam. & Prot. Servs.// Cross-Appellee, E. A. (Tex. App. 2016). · cites it 3× “6 Tex. Hum. Res. Code § 48.405 ............”
Roderic Horton v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate Horton’s administrative case and afford him an opportunity to seek rehearing of the order he challenges before the administrative law judge.”
E.A. v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate E.”
Cheryl Wallace v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate Wallace’s administrative case and afford her an opportunity to seek rehearing of the order she challenges before the administrative law judge.”
— Tex. Hum. Res. Code § 48.405(a) — 3 cases
Roderic Horton v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate Horton’s administrative case and afford him an opportunity to seek rehearing of the order he challenges before the administrative law judge.”
E.A. v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate E.”
Cheryl Wallace v. Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “1995), we direct the Department of Family and Protective Services, or its designee, see TEX. HUM. RES. CODE § 48.405(a), to reinstate Wallace’s administrative case and afford her an opportunity to seek rehearing of the order she challenges before the administrative law judge.”
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