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Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 49CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER GAPPLICATION DENIAL PERIOD
RULE §49.702Application Denial Period

(a) If a contractor does not qualify for a standard contract at the expiration of a provisional contract, as described in §49.209 of this chapter (relating to Standard Contract), DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to all programs and services; and

  (2) for 24 months after the date of expiration.

(b) If a contractor qualifies for a standard contract at the expiration of a provisional contract, as described in §49.209 of this chapter, but the contractor refuses a standard contract at that time, DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to the same program or service as the provisional contract; and

  (2) for 12 months after the date of expiration.

(c) If DADS terminates a provisional or standard contract for the contractor's failure to provide services for 12 consecutive months, as required by §49.534(a)(2)(A) of this chapter (relating to Termination of Contract by DADS), DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to the same program or service as the provisional or standard contract; and

  (2) for 12 months after the date of termination.

(d) If DADS terminates a provisional or standard contract for a reason other than the one described in subsection (c) of this section, DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to all programs and services; and

  (2) for a period of time determined by DADS, but no less than 12 months after the date of termination.

(e) If a contractor terminates a provisional or standard contract in accordance with the contract, including §49.551 of this chapter (relating to Termination of Contract by Contractor), DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to the same service or program as the provisional or standard contract; and

  (2) for a period of time determined by DADS, but no less than 12 months after the date of termination.

(f) If a contractor terminates a provisional or standard contract not in accordance with the contract, including §49.551 of this chapter, DADS sets an application denial period for the contractor or controlling person that applies:

  (1) to all programs and services; and

  (2) for a period of time determined by DADS, but no less than 12 months after the date of termination.

(g) If a contractor submits a contract application to DADS after the expiration of an application denial period described in subsections (a) - (f) of this section, DADS may deny the contract application for a reason described in §49.207 of this chapter (relating to Provisional Contract Application Denial).


Source Note: The provisions of this §49.702 adopted to be effective September 1, 2014, 39 TexReg 6637

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