(a) A center license expires on the third anniversary
after the effective date. To renew a license, a license holder must
submit a renewal application to HHSC before the expiration date. HHSC
sends written notice of expiration of a license to the license holder
at least 120 days before the expiration date of a license. The written
notice includes instructions for completing the renewal application.
(b) A license holder must comply with the requirements
in §15.102 of this subchapter (relating to General Application
Requirements) and §15.114 of this subchapter (relating to Time
Periods for Processing All Types of License Applications) to renew
a license.
(c) In accordance with Texas Government Code, §2001.054,
HHSC considers that a license holder meets the renewal application
submission deadline if the license holder submits:
(1) no later than 60 days before the expiration date
of the current license:
(A) a complete application for renewal or an incomplete
application for renewal with a letter explaining the circumstances
that prevented the inclusion of the missing information; and
(B) the correct license fee established in §15.112
of this subchapter (relating to Licensing Fees); or
(2) during the 60-day period ending on the date the
current license expires:
(A) a complete application for renewal or an incomplete
application with a letter explaining the circumstances that prevented
the inclusion of the missing information;
(B) the correct license fee established in §15.112
of this subchapter; and
(C) the late fee established in §15.112 of this
subchapter.
(d) HHSC reviews a renewal application and notifies
the license holder if additional information is needed to complete
the application.
(e) It is the license holder's responsibility to ensure
that the application is timely received by HHSC. Failure to submit
a timely and sufficient renewal application with the correct license
fee will result in the expiration of the license.
(f) If a license holder submits a renewal application
to HHSC that is postmarked after the expiration date of the license,
HHSC denies the renewal application and does not refund the renewal
license fee. The license holder is not eligible to renew the license
and must cease operation on the date the license expires. A license
holder whose license expires must apply for an initial license in
accordance with §15.105 of this subchapter (relating to Initial
License Application Procedures and Issuance).
(g) HHSC issues a renewal license after determining
that an applicant and the center have met the provisions of this chapter.
(h) The issuance of a renewal license constitutes notice
from HHSC to the center that the application is approved.
(i) A renewal license issued in accordance with this
chapter expires on the third anniversary after the effective date.
(j) HHSC may pend action on an application for the
renewal of a license for up to six months if the center is not in
compliance with this chapter based on an on-site inspection.
(k) HHSC may deny an application for the renewal of
a license if an applicant, controlling person, or any person required
to submit background and qualification information fails to meet the
criteria for a license established in §15.101 of this subchapter
(relating to Criteria and Eligibility for a License) or for any reason
specified in §15.115 of this subchapter (relating to Criteria
for Denial of a License).
(l) Before denying a license renewal application, HHSC
gives the license holder:
(1) notice by personal service or by registered or
certified mail of the facts or conduct alleged to warrant the proposed
action; and
(2) an opportunity to show compliance with all the
requirements of THSC Chapter 248A and this chapter to retain the license.
(m) To request an opportunity to show compliance, the
license holder must send a written request to HHSC. The request must:
(1) be postmarked no later than 10 days after the date
of notice from HHSC of the proposed action and received by HHSC no
later than 10 days after the date of the postmark; and
(2) contain documentation that refutes HHSC allegations
specifically.
(n) The opportunity to show compliance is limited to
a review of documentation submitted by the license holder and information
HHSC used as the basis for the proposed action. The opportunity to
show compliance is not an administrative hearing. HHSC gives the license
holder a written affirmation or reversal of the proposed action.
(o) If HHSC denies an application for a renewal license,
HHSC sends the license holder a written notice of the denial and informs
the license holder of the right to request an administrative hearing
to appeal the denial. The administrative hearing is held in accordance
with 1 TAC Chapter 357, Subchapter I (relating to Hearings Under
the Administrative Procedure Act) and HHSC hearing rules found in
Chapter 91 of this title (relating to Hearings Under the Administrative
Procedure Act).
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Source Note: The provisions of this §550.106 adopted to be effective September 1, 2014, 39 TexReg 6569; amended to be effective October 29, 2018, 43 TexReg 7188; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |