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TITLE 10COMMUNITY DEVELOPMENT
PART 1TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 90MIGRANT LABOR HOUSING FACILITIES
RULE §90.3Licensing

(a) Texas Government Code, §2306.922 requires the licensing of migrant labor housing facilities.

(b) Any person who wants to apply for a license to operate a facility may obtain the application form from the Department. The required form is Appendix A to these rules.

(c) An application must be submitted to the Department at least 45 days prior to the intended operation of the facility, but no more than 60 days.

(d) The fee for a license is $250, and the license is valid for one year unless sooner revoked or suspended.

(e) Fees shall be tendered by check or money order payable to the Texas Department of Housing and Community Affairs. If any check or other instrument given in payment of a licensing fee if returned for any reason, any license that has been issued in reliance upon such payment being made is null and void.

(f) A fee, when received in connection with an application is earned and is not subject to refund.

(g) Within 30 days of the receipt of a complete application and fee, the facility shall be inspected by an authorized representative of the Department. Inspections shall be conducted during business hours on business days and shall cover all units that are subject to being occupied .

(h) The person performing the inspection on behalf of the Department shall prepare a report of findings of that inspection.

  (1) If the person performing the inspection finds that the migrant labor housing facility, based on the inspection, will be in compliance with §90.2 of these rules, and the Director finds that there is no other impediment to licensure, the license will be issued.

  (2) If the person performing the inspection finds that although one or more deficiencies were noted that will require timely corrective action which may be confirmed by the operator without need for re-inspection, and the Director finds that there is no other impediment to licensure, the license will be issued subject to such conditions as the Director may specify. The applicant may, by signed letter, agree to these conditions, request a re-inspection within 60 days from the date of the Director's letter advising of the conditions, or treat the Director's imposing of conditions as a denial of the application.

  (3) If the person performing the inspection finds that although one or more deficiencies were noted that will require timely corrective action, the deficiencies are of such a nature that a re-inspection is required, the applicant shall address these findings and advise the inspector, within 60 days from the date of written notice of the findings, of a time when the facility maybe re-inspected. If the results of the re-inspection are satisfactory and the Director finds that there is no other impediment to licensure, the license will be issued.

  (4) If the person performing the inspection finds that the migrant labor housing facility is in material non-compliance with §90.2 of these rules or that one or more imminent threats to health or safety are present, the Director may deny the Application.

(i) If the Director determines that an application for a license ought to be granted subject to one or more conditions, the Director shall issue an order accompanying the license, and such order shall:

  (1) Be clearly incorporated by reference on the face of the license;

  (2) Specify the conditions and the basis in law or rule for each of them; and

  (3) Such conditions may include limitations whereby parts of a migrant labor housing facility may be operated without restriction and other parts may not be operated until remedial action is completed and documented in accordance with the requirements set forth in the order.

(j) Correspondence regarding an application should be addressed to: Texas Department of Housing and Community Affairs Attention: Migrant Labor Housing Facilities PO BOX 12489 AUSTIN TX 78711-2489

(k) Within 14 days of the date of receipt of an application and license fee, the Department shall issue a written notice informing the applicant that the application is complete and accepted for filing, or, if the application is deficient, a letter specifying what is else needed in order to process the application.

(l) An applicant or licensee that wishes to appeal any order of the Director, including the appeal of a denial of an application for a license or an election to appeal the imposing of conditions upon a license, may appeal such order by sending a signed letter to the Director within thirty (30) days from the date specified on such order, indicating the matter that they wish to appeal.


Source Note: The provisions of this §90.3 adopted to be effective January 8, 2006, 30 TexReg 8873

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