26 Tex. Admin. Code § 550.105 - Initial License Application Procedures and Issuance
(a) The center's administrator must complete
pre-licensing program training before an applicant may submit an initial
application for a license.
(b) An
applicant for an initial license must submit to HHSC through the online portal:
(1) a complete and correct application
including all documents and information that HHSC requires as part of the
application process;
(2) the
correct license fee established in §
550.112 of this subchapter
(relating to Licensing Fees);
(3) a
letter of credit for $250,000 from a bank that is insured by the Federal
Deposit Insurance Corporation, or other documentation acceptable to HHSC, to
demonstrate an applicant's financial viability; and
(4) all other documents described in the
instructions provided on the application and on the HHSC website.
(c) After HHSC receives an
application for an initial license and the correct license fee, HHSC reviews
the application and notifies the applicant if additional information is needed
to complete the application.
(d) An
applicant must submit written notice to HHSC that the center is ready for a
Life Safety Code inspection by uploading the notification through the online
portal.
(1) The written notice must be
submitted:
(A) with the application;
or
(B) no later than 120 days after
the HHSC Licensing and Credentialing Section receives the
application.
(2) After
HHSC receives the written notice for a Life Safety Code inspection and an
applicant has satisfied the application submission requirements, HHSC staff
conducts an on-site Life Safety Code inspection.
(e) The center must meet the building
requirements described in Subchapter E of this chapter (relating to Building
Requirements). If a center fails to meet the building requirements and fails to
implement an approved written plan of correction no later than 120 days after
the initial Life Safety Code inspection, HHSC Licensing proposes to deny the
license application.
(f) If a
center meets the building requirements in Subchapter E of this chapter, the
center may admit no more than three minors. After a center admits one minor,
the applicant must send written notice to HHSC indicating the center is ready
for a health inspection by uploading the notice through the online portal. The
center must submit the request for the health inspection no later than 120 days
after the date the center meets the building requirements.
(1) After HHSC receives the request for the
health inspection, HHSC conducts an on-site health inspection to determine
compliance with this chapter.
(2)
If the center fails to comply with this chapter and fails to implement an
approved written plan of correction no later than 120 days after the date of
the initial health inspection, HHSC Licensing proposes to deny the license
application.
(g) If an
applicant receives a notice from HHSC that some or all of the information is
missing or incomplete, an applicant must submit the requested information no
later than 30 days after the date of the notice. If the applicant fails to
timely submit the requested information, HHSC Licensing proposes to deny the
application. If HHSC Enforcement denies the application, HHSC does not refund
the license fee.
(h) HHSC issues an
initial license if it determines that an applicant has met the provisions of
this chapter and THSC Chapter 248A.
(i) The issuance of an initial license
constitutes notice from HHSC to the center of the approval of the
application.
(j) HHSC issues a
center license to the license holder named on the license at the place of
business listed on the license. The license is not transferable or
assignable.
(k) The license
includes:
(1) the license holder's
name;
(2) the name of the
center;
(3) the center's place of
business;
(4) the center's licensed
capacity; and
(5) the effective
date of the license.
(l)
HHSC Licensing may propose to deny an application for an initial license if the
applicant, a controlling person, or a person required to submit background and
qualification information fails to meet the criteria for a license established
in §
550.101 of this subchapter
(relating to Criteria and Eligibility for a License) or for any reason
specified in §
550.115 of this subchapter
(relating to Criteria for Denial of a License).
(m) If HHSC denies an application for an
initial license, HHSC sends the applicant written notice of the denial and
informs the applicant of the right to request an administrative hearing to
appeal the denial. The administrative hearing is held in accordance with 1
Texas Administrative Code Chapter 357, Subchapter I (relating to Hearings Under
the Administrative Procedure Act) and Chapter 110 of this title (relating to
Hearings Under the Administrative Procedure Act).
(n) An initial license expires on the third
anniversary after the effective date of the initial license.
Notes
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