26 Tex. Admin. Code § 745.8875 - May I operate during the appeal of an adverse action, including pending the outcome of an administrative review and due process hearing?
Whether you may operate during the appeal of an adverse action depends upon the type of adverse action the Texas Health and Human Services (HHSC) is imposing against you:
(1) If HHSC is suspending your permit or
denying you a permit, you may not operate pending the outcome of an
administrative review and due process hearing;
(2) If HHSC is revoking or refusing to renew
your permit, you may continue to operate pending the outcome of the
administrative review and due process hearing unless Licensing determines the
operation poses an immediate threat or danger to the health or safety of
children according to §
745.751 of this chapter (relating
to What factors does Licensing consider when determining if a person or
operation is an immediate threat to the health or safety of children?);
and
(3) If HHSC is adversely
amending your permit, you may continue to operate without the adverse amendment
pending the outcome of the administrative review and due process
hearing.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.