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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §98.18Time Periods for Processing Licensing Applications

(a) DADS will process only applications received within 60 days before the requested date of the issuance of the license.

(b) An application is complete when all requirements for licensing have been met, including compliance with standards. If an inspection for compliance is required, the application is not complete until the inspection has occurred, reports have been reviewed, and the applicant complies with the standards.

(c) If the application is postmarked by the filing deadline, the application will be considered to be timely filed if received in DADS' Regulatory Services Licensing and Credentialing Section within 15 days after the postmark.

(d) Regulatory Services will notify facilities within 30 days after receipt of the application if any of the following applications are incomplete:

  (1) initial application;

  (2) change of ownership;

  (3) renewal; and

  (4) increase in capacity.

(e) Except as provided in the following sentence, a license will be issued or denied within 30 days after the receipt of a complete application or within 30 days before the expiration date of the license. However, DADS may delay an action on an application for renewal of a license for up to six months if the facility is subject to a proposed or pending licensure termination action on or within 30 days before the expiration date of the license. The issuance of the license constitutes DADS' official written notice to the facility of the acceptance and filing of the application.

(f) In the event the application is not processed in the time periods as stated in this section, the applicant has a right to request of the program director full reimbursement of all filing fees paid in that particular application process. If the program director does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.

(g) Good cause for exceeding the period established is considered to exist if:

  (1) the number of applications to be processed exceeds by 15% or more the number processed in the same calendar quarter of the preceding year;

  (2) another public or private entity used in the application process caused the delay; or

  (3) other conditions existed giving good cause for exceeding the established periods.

(h) If the request for full reimbursement is denied, the applicant may appeal directly to the DADS commissioner for resolution of the dispute. The applicant must send a written statement to the DADS commissioner describing the request for reimbursement and the reasons for it. The program director also may send a written statement to the DADS commissioner describing the program's reasons for denying reimbursement. The DADS commissioner makes a timely decision concerning the appeal and notifies the applicant and the program in writing of the decision.


Source Note: The provisions of this §98.18 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749

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