Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 1 - OVERVIEW OF ENFORCEMENT ACTIONS › Section 745.8605 - When can Licensing recommend or impose an enforcement action against my operation?

Current through Reg. 49, No. 28; July 12, 2024
We can recommend or impose an enforcement action any time
						we find one of the following:
(1) You
					 supplied false information or made false statements during the application
					 process;
(2) You falsified or
					 permitted to be falsified any record or other materials that are required to be
					 maintained by minimum standards;
(3) You do not have an acceptable reason for
					 not having the required liability insurance in §
											745.251
					 of this chapter (relating to What are the acceptable reasons not to have
					 liability insurance?);
(4) You do
					 not pay the required fees;
(5) A
					 single serious deficiency of a minimum standard, rule, or statute, including a
					 finding of abuse or neglect or background check matches;
(6) Several deficiencies that create an
					 endangering situation;
(7) A
					 repetition or pattern of deficiencies;
(8) An immediate threat or danger to the
					 health or safety of children;
(9)
					 You or someone working at your operation refuses, prevents, or delays our
					 ability to conduct an inspection or investigation, or the ability of the
					 Department of Family and Protective Services to conduct an investigation of an
					 allegation of abuse, neglect, or exploitation;
(10) A failure to timely report necessary
					 changes to Licensing;
(11) A
					 failure to comply with any restrictions or limits placed on your
					 permit;
(12) A failure to meet the
					 terms and conditions of your probation;
(13) A failure to comply with minimum
					 standards, rules, or statutes at the end of the suspension period;
(14) A failure to submit information to us
					 within two days of a change in your controlling persons, as required in §
											745.903
					 of this chapter (relating to When and how must an operation submit
					 controlling-person information to Licensing?);
(15) You fail to correct by the compliance
					 date any deficiency that is not pending due process;
(16) You apply for a permit after we
					 designate you as a controlling person, but before the designation is
					 sustained;
(17) It is within five
					 years since your designation as a controlling person has been
					 sustained;
(18) You apply for a
					 permit to operate a child care operation, and you are barred from operating a
					 child care operation in another state;
(19) You apply for a permit to operate a
					 child care operation, and your permit to operate a child care operation in
					 another state was revoked;
(20) You
					 apply for a permit to operate a child care operation, and your permit to
					 operate was revoked, suspended, or terminated by another Texas state agency as
					 outlined in Texas Government Code, Chapter 531, Subchapter W (relating to
					 Adverse Licensing, Listing, or Registration Decisions);
(21) You apply for a permit to operate a
					 child care operation and:
(A) You fail to
					 comply with public notice and hearing requirements as set forth in §
												745.277
					 of this chapter (relating to What will happen if I fail to comply with public
					 notice and hearing requirements?); or
(B) The results of the public hearing meet
					 one of the criteria set forth in § 745.340(b) of this chapter (relating to
					 What factors will we consider when evaluating an application for a
					 permit?).