|(a) The department may grant a waiver from the requirements
of this chapter to a program that meets the conditions described in
Health and Safety Code, §141.0025(a). The program seeking the
waiver shall provide proof to the department that the program meets
the conditions described in Health and Safety Code, §141.0025(a)
before the department may grant a waiver. To ensure that the program
continues to be eligible for a waiver, the department may require
the program to resubmit proof of meeting the conditions described
in Health and Safety Code, §141.0025(a) no more frequently than
one time per calendar year or as part of an investigation described
in subsection (c) of this section.
(b) A waiver granted by the department under subsection
(a) of this section is valid until the waiver is revoked for cause
by the department. Examples of cause for revocation include but are
not limited to:
(1) the failure to ensure the health, safety, or welfare
of persons at the program; or
(2) the failure to report abuse or neglect occurring
at the program as required by Family Code, Chapter 261.
(c) The department may conduct an investigation in
response to an allegation that there is cause to revoke a program’s
waiver or that a program no longer meets the conditions described
in Health and Safety Code, §141.0025(a).
(d) A person who operates a program for which an application
for a waiver under this section has been denied or for which a waiver
under this section has been revoked may appeal the action in the manner
provided for appeal of contested cases under Government Code, Chapter
2001. When the department proposes to deny or revoke a waiver granted
under this section, it shall give notice of the proposed action in
writing and shall provide information on how to request an administrative
hearing. The program shall make a written request for a hearing within
30 days from the date on the notice letter sent by the department.