26 Tex. Admin. Code § 550.114 - Time Periods for Processing All Types of License Applications
(a) The date of an application is the date
the HHSC Licensing and Credentialing Unit receives the application and the
correct license fee as required in §
550.112 of this subchapter
(relating to Licensing Fees).
(b)
HHSC considers an application for an initial license complete when HHSC accepts
the information described in §
550.105 of this subchapter
(relating to Initial License Application Procedures and Issuance).
(c) HHSC considers an application for a
renewal license complete when HHSC accepts the information described in §
550.106 of this subchapter
(relating to Renewal License Application Procedures and Issuance). A center may
continue to operate during the renewal application process in accordance with
§
550.106 of this
subchapter.
(d) HHSC considers an
application for a change of ownership license complete when HHSC accepts the
information described in §
550.108 of this subchapter
(relating to Change of Ownership License Application Procedures and Issuance
and Notice of Changes).
(e) HHSC
reviews an application for a license no later than 45 days after the date the
HHSC Licensing and Credentialing Unit receives the application.
(f) If an applicant receives a notice through
the online portal from HHSC that some or all of the information required by
this chapter is missing or incomplete, an applicant must submit the required
information through the online portal no later than 30 days after the date of
the notice. If an applicant fails to submit the required information no later
than 30 days after the notice date, HHSC Licensing considers the application
incomplete and proposes to deny the application. If HHSC Enforcement denies the
application, HHSC Licensing does not refund the license fee.
(g) HHSC Licensing proposes to deny an
application that remains incomplete 120 days after the date that the HHSC
Licensing and Credentialing Unit receives the application.
(h) HHSC issues a license no later than 30
days after HHSC determines that an applicant and the center have met all
licensure requirements referenced in §
550.105 and §
550.106 of this subchapter, as
applicable.
(i) If HHSC does not
process an application in the time period described in subsections (e) and (h)
of this section, an applicant may request reimbursement of the license fee
paid. The applicant must submit the reimbursement request through the online
portal.
(j) If HHSC does not agree
that the established time period for processing an application described in
subsection (e) of this section has been violated or finds that good cause
existed for exceeding the established time period, HHSC denies the
request.
(k) Good cause for
exceeding the established time period exists if:
(1) the number of applications to be
processed exceeds by 15 percent or more the number processed in the same fiscal
quarter of the preceding year;
(2)
HHSC must rely on another public or private entity to process all or a part of
the application received by HHSC, and the delay is caused by that entity;
or
(3) other conditions existed
giving good cause for exceeding the established time period.
(l) If HHSC denies the request for
reimbursement, an applicant may request that the executive commissioner resolve
the dispute. An applicant must send a written statement to the executive
commissioner describing the request for reimbursement and the reason for the
request. The executive commissioner reviews the request and notifies an
applicant in writing of the decision.
Notes
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