reglab/statecodes huggingface dataset:
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 745.8608 - How will Licensing implement the "reasonable and prudent parent standard" when determining whether to impose an enforcement action against a child-placing agency or general residential operation?

Current through Reg. 49, No. 28; July 12, 2024
We will not impose an enforcement action against a
						child-placing agency or general residential operation based on the conduct of a
						foster parent or designated person who appropriately followed the reasonable
						and prudent parent standard when determining whether a child will be allowed to
						participate in a childhood activity.
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 745.8609 - How will I know when Licensing is recommending or imposing an enforcement action against my operation?

Current through Reg. 49, No. 28; July 12, 2024
We will notify you in the following manner:
Attached Graphic
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 745.8611 - How long do enforcement actions that cover a specific period of time last?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following chart
					 describes the length of time that we may recommend or impose an enforcement
					 action:
Attached Graphic
(b) The court will specify the
					 timeframe for a Judicial Action/Temporary Restraining Order and any
					 extensions.
(c) We may end a
					 voluntary or corrective action early if we determine:
(1) That you meet minimum standards and any
					 imposed conditions, and we are able to evaluate for ongoing compliance;
					 or
(2) Your compliance does not
					 improve and a more restrictive enforcement action is necessary.
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 745.8613 - What rights do I have to challenge an enforcement action?

Current through Reg. 49, No. 28; July 12, 2024
(a) The rights you have vary depending upon
					 the type of enforcement action that we recommend or take against you. The chart
					 in this subsection describes your rights to challenge each type of enforcement
					 action:
Attached Graphic
(b) For additional information
					 regarding administrative reviews and due process hearings, see Subchapter M of
					 this chapter (relating to Administrative Reviews and Due Process
					 Hearings).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8631 - What types of voluntary or corrective actions may Licensing recommend or impose?

Current through Reg. 49, No. 28; July 12, 2024
We may recommend or impose the following types of
						voluntary or corrective actions:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8633 - When may Licensing recommend a voluntary plan of action?

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on our assessment of the criteria
					 provided in §
											745.8607
					 of this subchapter (relating to How will Licensing decide which type of
					 enforcement action to recommend or impose?), we may recommend a voluntary plan
					 of action for your operation for an issue identified in §
											745.8605
					 of this subchapter (relating to When can Licensing recommend or impose an
					 enforcement action against my operation?) if we determine that:
(1) You:
(A) Demonstrate the ability to identify
					 risk;
(B) Accept responsibility for
					 correcting deficiencies; and
(C)
					 Have the ability to make corrections;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8635 - What requirements must I meet during a voluntary plan of action?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Correct the deficiencies and reduce risk through your compliance with the plan
					 of action; and
(2) Maintain
					 compliance with all other minimum standards, rules, and statutes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8637 - When may Licensing place my operation on probation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on our assessment of the criteria
					 provided in §
											745.8607
					 of this subchapter (relating to How will Licensing decide which type of
					 enforcement action to recommend or impose?), we may place your operation on
					 probation for an issue identified in §
											745.8605
					 of this subchapter (relating to When can Licensing recommend or impose an
					 enforcement action against my operation?) if we determine that:
(1) Your operation:
(A) Is eligible to participate in a voluntary
					 plan of action, but you refuse to do so; or
(B) Does not qualify for a voluntary plan of
					 action, including not meeting all of the requirements in §745.8633 of this
					 division (relating to When may Licensing recommend a voluntary plan of
					 action?);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8641 - What requirements must I meet during the probation period?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Comply with all of the conditions imposed by the corrective action
					 plan;
(2) Correct the deficiencies
					 and reduce risk;
(3) Unless you are
					 an independent or agency foster family home, post the probation notice or copy
					 in prominent places near all public entrances; and
(4) Maintain compliance with all other
					 minimum standards, rules, and statutes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 2 - VOLUNTARY AND CORRECTIVE ACTIONS › Section 745.8643 - What may Licensing do if my operation's compliance with minimum standards , rules, or statutes does not improve as a result of the voluntary plan of action or corrective action plan ?

Current through Reg. 49, No. 28; July 12, 2024
If your operation's compliance with minimum standards,
						rules, or statutes does not improve sufficiently to reduce risk at your
						operation as a result of the voluntary plan of action or corrective action
						plan, we will reevaluate your plan to determine the appropriateness of its
						terms and conditions. As a result, we may take one or more of the following
						actions:
(1) Recommend or impose
					 additional conditions;
(2) Increase
					 inspections; or
(3) Impose a more
					 serious enforcement action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8649 - What adverse actions may Licensing impose?

Current through Reg. 49, No. 28; July 12, 2024
We may impose the following adverse actions:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8650 - When may Licensing deny a permit?

Current through Reg. 49, No. 28; July 12, 2024
Based on our assessment of the criteria provided in
						§
											745.8607
						of this subchapter (relating to How will Licensing decide which type of
						enforcement action to recommend or impose?), we may deny you a permit for an
						issue identified in §
											745.8605
						of this subchapter (relating to When can Licensing recommend or impose an
						enforcement action against my operation?) if we determine that:
(1) A background check result makes you
					 ineligible for a permit, because either the result is ineligible for a risk
					 evaluation or the Centralized Background Check Unit does not approve a risk
					 evaluation as provided in Subchapter F of this chapter (relating to Background
					 Checks);
(2) Your operation does
					 not demonstrate the ability to comply with minimum standards, rules, and
					 statutes during your initial permit period;
(3) The results of a public hearing make you
					 ineligible for a permit;
(4) Your
					 operation presents an immediate threat to the health or safety of children;
					 or
(5) You are otherwise ineligible
					 for a permit because of a criterion identified in §
											745.8605
					 of this subchapter .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8651 - When may Licensing impose an adverse amendment on my permit?

Current through Reg. 49, No. 28; July 12, 2024
Based on our assessment of the criteria provided in
						§
											745.8607
						of this subchapter (relating to How will Licensing decide which type of
						enforcement action to recommend or impose?), we may impose an adverse amendment
						on your permit for an issue identified in §
											745.8605
						of this subchapter (relating to When can Licensing recommend or impose an
						enforcement action against my operation?) if we determine that:
(1) An amendment on your permit will reduce
					 risk ;
(2) The amendment would be
					 the most effective enforcement action to reduce risk at your operation;
					 and
(3) You will be able to follow
					 the restrictions or conditions of the amendment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8652 - When may Licensing suspend my permit?

Current through Reg. 49, No. 28; July 12, 2024
Based on our assessment of the criteria provided in
						§
											745.8607
						of this subchapter (relating to How will Licensing decide which type of
						enforcement action to recommend or impose?), we may suspend your permit for an
						issue identified in §
											745.8605
						of this subchapter (relating to When can Licensing recommend or impose an
						enforcement action against my operation?) if we determine that:
(1) Your operation will pose a danger or
					 threat of danger to the health or safety of children in your operation's care
					 until the issue is resolved;
(2)
					 You cannot correct the issue while children are in care, but you can do so
					 during a specific period of time;
(3) You can make the necessary corrections
					 while your permit is suspended; and
(4) There are no additional concerns about
					 your compliance history that would make revocation a more appropriate
					 enforcement action for the health or safety of children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8653 - What happens when my suspension period ends?

Current through Reg. 49, No. 28; July 12, 2024
(a) When your suspension period ends, we will
					 assess whether:
(1) You have resolved all the
					 issues that were the basis for the suspension;
(2) There are any new issues identified in
					 §
												745.8605
					 of this subchapter (relating to When can Licensing recommend or impose an
					 enforcement action against my operation?); or
(3) There is any unresolved issue or new
					 issue that would pose a danger or threat of danger to the health or safety of
					 children in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8654 - When may Licensing revoke my permit?

Current through Reg. 49, No. 28; July 12, 2024
Based on our assessment of the criteria provided in
						§
											745.8607
						of this subchapter (relating to How will Licensing decide which type of
						enforcement action to recommend or impose?), we may revoke your permit for an
						issue identified in §
											745.8605
						of this subchapter (relating to When can Licensing recommend or impose an
						enforcement action against my operation?) if we determine that:
(1) Your operation is ineligible for
					 corrective action;
(2) We cannot
					 reduce the risk at your operation by placing your operation on probation or
					 suspending your permit ;
(3) A
					 background check result or a finding of abuse or neglect makes you ineligible
					 for a permit, either because the result is ineligible for a risk evaluation or
					 the Centralized Background Check Unit will not approve a risk evaluation as
					 provided in Subchapter F of this chapter (relating to Background Checks);
					 or
(4) Revocation is otherwise
					 necessary to address the issue identified in §
											745.8605
					 of this subchapter .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8655 - When may Licensing refuse to renew my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on our assessment of the criteria
					 provided in §
											745.8607
					 of this subchapter (relating to How will Licensing decide which type of
					 enforcement action to recommend or impose?), we may refuse to renew your permit
					 for an issue identified in §
											745.8605
					 of this subchapter (relating to When can Licensing recommend or impose an
					 enforcement action against my operation?) if we:
(1) Cannot take another type of enforcement
					 action because:
(A) Your operation is
					 ineligible for corrective action; or
(B) The action would not resolve the issue or
					 reduce risk at your operation;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8656 - Are there any notice requirements when Licensing attempts to take adverse action against my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You must post the notice of the adverse action or a copy in prominent places
					 near each public entrance. You must post this notice as soon as you receive it.
(b) You must notify the parents of
					 each child in your care that we are attempting to take adverse action. You must
					 send a copy of the notice of the adverse action from us to the parents within
					 five days of your receipt of the notice. You must send the notice by certified
					 mail and give us a copy of each return receipt (the green card) within five
					 days after the receipt is returned to you.
(c) Neither of these notice requirements
					 apply to:
(1) A denial; or
(2) An adverse amendment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8657 - Whom may Licensing inform when attempting to deny, suspend, revoke, or refuse to renew my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) The fact
					 that we are attempting to deny, suspend, revoke, or refuse to renew your permit
					 is available to the public.
(b) We
					 will inform the following that we are attempting to suspend, revoke, or refuse
					 to renew your permit:
(1) The Texas Workforce
					 Commission Local Workforce Board or the Child and Adult Care Food Program, if
					 you are a child day-care operation participating in that program;
(2) The Department of Family and Protective
					 Services (DFPS), if you are a residential child care operation who cares for a
					 child in DFPS conservatorship; or
(3) Any other state or federal program or
					 agency, as appropriate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8659 - Will there be any publication of the denial, suspension, revocation , or refusal to renew my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you
					 waive the administrative review and due process hearing or if the denial,
					 suspension, revocation, or refusal to renew your permit is upheld in the
					 process, we will publish a notice of the adverse action taken against you on
					 the Licensing consumer website along with other information regarding your
					 child-care services.
(b) In
					 addition, we will send notification of the outcomes of the administrative
					 review and the due process hearing to those state and federal programs or
					 agencies that we previously informed of the adverse action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 3 - ADVERSE ACTIONS › Section 745.8661 - What notice must I provide parents when the denial, suspension, revocation, or refusal to renew my permit is final?

Current through Reg. 49, No. 28; July 12, 2024
If you are operating at the time you receive the final
						notice, you must notify the parents of each child that is enrolled of the
						denial, suspension, revocation, or refusal to renew your permit. You must send
						notice of this action to the parents by certified mail within five days of the
						receipt of the notice of the denial, suspension, revocation, or refusal to
						renew.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 4 - JUDICIAL ACTIONS › Section 745.8681 - What judicial actions may Licensing impose?

Current through Reg. 49, No. 28; July 12, 2024
Only courts may impose judicial actions. The judicial
						actions we may ask the court to order include the following:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 4 - JUDICIAL ACTIONS › Section 745.8683 - Whom may Licensing inform when taking a judicial action against my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The fact that
					 we are taking a judicial action against your operation is available to the
					 public.
(b) We will inform the
					 following that we are taking a judicial action against your operation:
(1) The Texas Workforce Commission Local
					 Workforce Board or the Child and Adult Care Food Program, if you are a child
					 day-care operation participating in that program;
(2) The Department of Family and Protective
					 Services (DFPS), if you are a residential child care operation who cares for a
					 child in DFPS conservatorship; or
(3) Any other state or federal program or
					 agency, as appropriate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 4 - JUDICIAL ACTIONS › Section 745.8685 - What steps must I take regarding children in my care when a court orders me to close my operation immediately?

Current through Reg. 49, No. 28; July 12, 2024
(a) When a court orders you to close your
					 operation immediately:
Attached Graphic
(b) In addition to notifying the
					 parents as required in subsection (a) of this section, within five days of
					 delivery of the temporary restraining order (TRO) you must inform the parents
					 of each child in care or enrolled in the operation of the reason for the
					 closure and the length of the closure by:
(1)
					 Sending to each parent a copy of the TRO by certified mail and giving us a copy
					 of each return receipt (the green card) within five days after the receipt is
					 returned to you; or
(2) Delivering
					 a copy of the TRO in person to the parents when the child is picked up from
					 your care and giving us a copy of an acknowledgment of receipt of the TRO that
					 the parents signed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 4 - JUDICIAL ACTIONS › Section 745.8687 - Will there be any type of publication of the judicial action taken against me?

Current through Reg. 49, No. 28; July 12, 2024
Yes, once there is a final court order, we will publish a
						notice of the judicial action taken against you on Licensing's consumer website
						. In addition, we will send notifications of the outcome of the final judicial
						action to those state and federal programs or agencies that we had previously
						informed of the judicial action .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 5 - MONETARY ACTIONS › Section 745.8711 - What monetary actions may Licensing impose?

Current through Reg. 49, No. 28; July 12, 2024
We may impose administrative penalties or ask the court
						to order civil penalties, which are described below:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 5 - MONETARY ACTIONS › Section 745.8713 - When may Licensing impose an administrative penalty before a corrective action?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may impose
					 an administrative penalty before imposing a corrective action any time we find
					 a deficiency of a high risk minimum standard, including a deficiency for:
(1) The abuse, neglect, or exploitation of a
					 child;
(2) A safety hazard
					 standard;
(3) A safe sleeping
					 standard;
(4) Any standard
					 establishing times for reporting information to a parent or Licensing;
(5) A supervision standard;
					 or
(6) One of the following
					 background check standards:
(A) A failure to
					 timely submit the information required to conduct a background check under
					 Subchapter F of this chapter (relating to Background Checks) on two or more
					 occasions;
(B) You knowingly allow
					 a person to be present at your operation before you receive notification from
					 the Centralized Background Check Unit (CBCU) that a person is eligible,
					 eligible with conditions, or provisionally eligible with conditions to be
					 present at your operation;
(C) You
					 knowingly allow a subject of a background check to be present at your operation
					 after you have received notification from the CBCU that the subject is
					 ineligible to be present at your operation; or
(D) You violate a condition or restriction
					 that the CBCU has placed on the subject of a background check at your operation
					 as part of the CBCU background check determination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 5 - MONETARY ACTIONS › Section 745.8714 - What penalty amounts must Licensing recommend for certain deficiencies?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
					 subsection (b) of this section, an administrative penalty for a deficiency is
					 based on the maximum number of children the operation is authorized to provide
					 care for or the number of children under the care of a child-placing agency,
					 and may not exceed the following amounts:
(1)
					 For deficiencies that occur in a child day-careoperation:
Attached Graphic
(2) For deficiencies that occur in
					 a residential child-careoperation:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 5 - MONETARY ACTIONS › Section 745.8715 - When may Licensing impose an administrative penalty against a controlling person?

Current through Reg. 49, No. 28; July 12, 2024
We may impose an administrative penalty against a
						controlling person when the controlling person:
(1) Violates a term of a license or
					 registration;
(2) Makes a statement
					 about a material fact that the person knows or should know is false:
(A) On an application for the issuance of a
					 license or registration or an attachment to the application; or
(B) In response to a matter under
					 investigation;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8801 - What is an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An administrative review is an informal review that determines whether a
					 decision or action was appropriate under applicable laws and rules. An
					 administrative review is not a formal hearing and does not involve formal
					 examination and cross-examination of witnesses.
(b) If you do not waive your right to request
					 an administrative review, we may not finalize any decision or action that is
					 the subject of the review until you exhaust your due process rights concerning
					 the decision or action. However, you may not be able to operate pending due
					 process for some enforcement actions as provided by Division 3 of this
					 subchapter (relating to Operating Pending and Administrative Review and Due
					 Process Hearing).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8803 - Who may request an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The following chart describes who may request an administrative review to
					 dispute a decision or action:
Attached Graphic
(b) An owner, partner, governing
					 body, director, licensed administrator, or designee of an operation may not
					 request an administrative review to dispute:
(1) An automatic suspension or revocation of
					 a permit under Texas Human Resources Code (HRC) §42.052(j) or
					 §42.054(f);
(2) The
					 implementation of a court order against the operation;
(3) An emergency suspension or closure of the
					 operation under HRC §42.073;
(4) A determination that the operation poses
					 an immediate threat or danger to the health or safety of children; or
(5) An imposition of an administrative
					 penalty against the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8805 - How does a person request an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request an administrative review, a
					 person must submit a written request by regular mail, email, or fax to the name
					 and address indicated in the notification letter or inspection
					 report.
(b) The written request
					 must:
(1) Describe the specific decision or
					 action that the requestor is disputing;
(2) Describe the reasons why the decision or
					 action should not be upheld;
(3)
					 Include any documentation that supports the requestor's position, such as
					 photographs, diagrams, or written and signed statements; and
(4) Be timely.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8807 - How does a person waive the right to an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a) A person waives the right to an
					 administrative review by:
(1) Failing to meet
					 the requirements of §745.8805 of this division (relating to How does a
					 person request an administrative review?); or
(2) Submitting a written statement stating
					 that the person waives the right to the administrative review.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8809 - Who conducts an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Administrative Reviews are conducted by Texas Health and Human Services
					 Commission Child Care Enforcement (Regulatory Enforcement).
(b) The person conducting an administrative
					 review must not have:
(1) Directly supervised
					 the person making the decision or action or conducting the inspection or
					 investigation that is being reviewed; or
(2) Otherwise been involved in the original
					 decision, action, inspection, or investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8811 - How is an administrative review conducted?

Current through Reg. 49, No. 28; July 12, 2024
(a) The person conducting an administrative
					 review may conduct the review by telephone conference, including virtual
					 conferencing, or in a face-to-face meeting at the person's office.
(b) Within 10 calendar days after receiving a
					 request that meets the requirements of §745.8805 of this division
					 (relating to How does a person request an administrative review?), the person
					 conducting the administrative review will contact the requestor to schedule a
					 date and time to conduct the review.
(c) Subject to the limitations in subsection
					 (h) of this section, the telephone conference or meeting must occur within 30
					 days of the date of this initial contact, unless additional time is necessary
					 to complete a records request related to the subject of the administrative
					 review. If additional time is necessary, the 30-day timeframe for completing
					 the conference or meeting will begin when the requestor obtains the
					 records.
(d) The person conducting
					 the administrative review will proceed with the review without conducting the
					 telephone conference or meeting if:
(1) The
					 requestor does not respond to the person's attempts to schedule the conference
					 or meeting within the 30-day timeframe and does not show good cause for the
					 requestor's failure to respond within the timeframe;
(2) The requestor does not schedule the
					 conference or meeting within the 30-day timeframe and does not show good cause
					 for the requestor's failure to schedule the conference or meeting within the
					 timeframe; or
(3) The requestor
					 misses the scheduled conference or meeting without requesting a delay under
					 subsection (e) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8813 - What actions may the person conducting the administrative review take at the end of the review?

Current through Reg. 49, No. 28; July 12, 2024
(a) The person
					 conducting an administrative review may uphold, overturn, or alter the decision
					 or action. The person alters the decision or action by modifying it after
					 assessing the relevant information available at the end of the review. For
					 example, if the disputed decision under review is a minimum standard
					 deficiency, the person conducting the review may determine the deficiency
					 occurred and alter the record by updating the minimum standard to one that
					 better describes the deficiency.
(b) If the telephone conference or meeting
					 did not occur for a reason outlined in §745.8811(d) of this division
					 (relating to How is an administrative review conducted?), the person conducting
					 the administrative review will base the decision to uphold, overturn, or alter
					 the decision or action on the written request for a review, any supporting
					 documentation submitted with the request, and any other information that the
					 person gathered.
(c) If the person
					 overturns or alters the decision or action, the Texas Health and Human Services
					 Commission (HHSC) will update HHSC records to reflect the change.
(d) If the decision or action is altered, the
					 requestor may not request an additional administrative review concerning the
					 altered decision or action.
(e) If
					 the requestor has the right to request a due process hearing related to the
					 altered decision or action, the altered decision or action will be the subject
					 of the hearing.
(f) If the
					 requestor does not have the right to request a due process hearing, the altered
					 decision or action will be final.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 1 - ADMINISTRATIVE REVIEWS › Section 745.8815 - When will the person who conducts the administrative review issue a decision?

Current through Reg. 49, No. 28; July 12, 2024
(a) The person conducting the administrative
					 review will prepare and send a written decision to the requestor within the
					 following timeframes, unless the person determines good cause exists to extend
					 the relevant timeframe:
(1) Within 21
					 calendar days of conducting the telephone conference or meeting; or
(2) Within 60 days of the request for an
					 administrative review, if the telephone conference or meeting was not held for
					 a reason outlined in §745.8811(d) of this division (relating to How is an
					 administrative review conducted?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8831 - What is a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
A due process hearing is a formal legal proceeding
						before an administrative law judge of the State Office of Administrative
						Hearings to determine whether a decision or action was appropriate under
						applicable laws and rules.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8833 - What does "Legal Enforcement Department" mean in this division?

Current through Reg. 49, No. 28; July 12, 2024
The Legal Enforcement Department is the department of
						the Legal Services Division of the Texas Health and Human Services Commission
						(HHSC) that represents HHSC during due process hearings and handles other
						matters related to these hearings.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8835 - Who may request a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The following chart describes who may request a due process hearing to dispute
					 a decision or action:
Attached Graphic
(b) An owner, partner, governing
					 body, director, licensed administrator, or designee of an operation may not
					 request a due process hearing to dispute:
(1)
					 An automatic suspension or revocation of a permit under Texas Human Resources
					 Code (HRC) §42.052(j) or §42.054(f);
(2) The implementation of a court order
					 against the operation;
(3) An
					 emergency suspension or closure of the operation under HRC §42.073;
					 or
(4) A determination that the
					 operation poses an immediate threat or danger to the health or safety of
					 children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8837 - How does a person request a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a due process hearing, a
					 person must send a written request to the Docket Clerk for Licensing in the
					 Legal Enforcement Department at the mailing address, email address, or fax
					 number listed in the notice informing the person of the right to request a due
					 process hearing.
(b) The written
					 request must:
(1) Describe the specific
					 decision or action that the requestor is disputing;
(2) Describe the reasons why this decision or
					 action should not be upheld;
(3)
					 Include a copy of the notification letter informing the requestor of the right
					 to request a due process hearing;
(4) Include the requestor's mailing address,
					 even if the request is by email or fax; and
(5) Be timely.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8839 - What is the process for scheduling a due process hearing and notifying the requestor?

Current through Reg. 49, No. 28; July 12, 2024
(a) After a person
					 requests a due process hearing, the Legal Enforcement Department will ask the
					 State Office of Administrative Hearings (SOAH) to appoint an administrative law
					 judge to conduct a hearing to make a final decision regarding whether the
					 decision or action was appropriate under applicable laws and rules.
(b) After SOAH assigns a docket number to the
					 case:
(1) The Legal Enforcement Department
					 will send the requestor a notice of the hearing by regular and certified mail
					 to the last known address noted in the records; or
(2) If the Docket Clerk has received written
					 notice of representation from an attorney who will be representing the
					 requestor at the hearing, the Legal Enforcement Department will send the notice
					 to the attorney in a manner allowed under the rules referenced in
					 §745.8845 of this division (relating to How is a due process hearing
					 conducted?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8841 - What happens if a requestor's address changes after the initial request for a hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The requestor
					 is responsible for notifying the Docket Clerk in writing of any change in the
					 requestor's address that occurs after the initial request for a
					 hearing.
(b) If the requestor fails
					 to notify the Docket Clerk of an address change, the last address that the
					 requestor provided to the Docket Clerk will remain the address of record for
					 any notice that the Legal Enforcement Department sends the requestor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8843 - When may the Legal Enforcement Department nullify a request for a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the request
					 for a due process hearing relates to a Central Registry finding of child abuse,
					 neglect, or exploitation that was not conducted in a child care operation under
					 Texas Administrative Code, Title 40, Chapter 707, Subchapter C (relating to
					 Child Care Investigations), the Legal Enforcement Department may nullify the
					 request upon determining that the requestor is no longer present at the
					 operation that requested the original background check on the
					 requestor.
(b) A nullification will
					 not affect the requestor's ability to dispute the finding in relation to a
					 future background check.
(c) The
					 Legal Enforcement Department may not nullify a request for a hearing if:
(1) The requestor is not present at the
					 operation because Licensing determined that the requestor is ineligible to be
					 present at the operation because of the finding, unless the requestor agrees to
					 the nullification; or
(2) The Texas
					 Health and Human Services Commission is taking adverse action against an
					 operation because of the finding.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8845 - How is a due process hearing conducted?

Current through Reg. 49, No. 28; July 12, 2024
A due process hearing is conducted according to the
						following procedural rules, which are incorporated into this rule by
						reference:
(1) Rules of the State
					 Office of Administrative Hearings (SOAH) found at Texas Administrative Code,
					 Title 1, Part 7, Chapter 155 (relating to Rules of Procedure);
(2) Applicable provisions of the Texas
					 Government Code, Chapter 2001, Administrative Procedures Act (APA);
					 and
(3) The Texas Rules of Civil
					 Procedure, to the extent that they do not conflict with the SOAH rules or the
					 applicable APA provisions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8847 - What information can the parties discuss in a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) During a due process hearing the parties
					 may discuss:
(1) Facts directly relevant to
					 the decision or action, including relevant facts that staff did not previously
					 evaluate; and
(2) Interpretations
					 of directly relevant facts.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8849 - Can an administrative law judge address multiple decisions and actions during a single due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
An administrative law judge (ALJ) appointed by the State
						Office of Administrative Hearings may address multiple decisions and actions
						that are related to each other during a single due process hearing. For
						example, if the Texas Health and Human Services Commission (HHSC) has decided
						to revoke an operation's license based on an abuse finding made by the Texas
						Department of Family and Protective Services (DFPS), the ALJ may address these
						matters during the same hearing. However, the ALJ's final decision must include
						determinations for both DFPS's finding of abuse and HHSC's revocation of the
						operation's license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8851 - Who may appeal the final decision after a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
After the administrative law judge appointed by the
						State Office of Administrative Hearings (SOAH) issues the final decision after
						a due process hearing, either party may file an appeal in district court by
						following the provisions of Texas Government Code, Chapter 2001, Administrative
						Procedures Act, including filing a timely motion for rehearing with
						SOAH.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8853 - What action must the Texas Health and Human Services Commission take after the final decision in a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
After there is a final decision in a due process
						hearing, including the results of a subsequent appeal, the Texas Health and
						Human Services Commission (HHSC) must take the action described in the
						following chart:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS › Division 2 - DUE PROCESS HEARINGS › Section 745.8855 - Can a person waive the right to a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may waive the right to a due
					 process hearing:
(1) By not requesting a
					 hearing according to §745.8837 of this division (relating to How does a
					 person request a due process hearing?); or
(2) By submitting a written statement that
					 waives the right to a due process hearing to the Legal Enforcement
					 Department.