|(a) Relocation is the closing of a center and the movement
of its business operations to another location.
(b) A license holder must not relocate a center or
provide services to a minor at a new location without prior approval
(c) The license holder must continue to maintain the
license at the current location and must continue to meet all requirements
for operation of the center until DADS has approved the relocation.
(d) Before a relocation, the license holder must submit
an application for an initial license for the new location in accordance
with §15.105 of this subchapter (relating to Initial License
Application Procedures and Issuance) and the correct fee for an initial
license required in §15.112 of this subchapter (relating to Licensing
(e) The license holder must arrange for an inspection
of the center by the local fire marshal and provide written evidence
of the fire marshal's approval to DADS.
(f) An applicant must send written notice to DADS indicating
that the center is ready for a Life Safety Code inspection.
(1) The written notice must be submitted:
(A) with the application; or
(B) no later than 120 days after DADS Licensing and
Credentialing Unit receives the application.
(2) After DADS receives the written notice for a Life
Safety Code inspection and an applicant has satisfied the application
submission requirements, DADS staff conducts an on-site Life Safety
(g) If an applicant receives a notice from DADS that
some or all of the information is missing or incomplete, an applicant
must submit the requested information no later than 30 days after
the date of the notice. If an applicant fails to submit the requested
information no later than 30 days after the notice date, DADS considers
the application incomplete and denies the application. If DADS denies
the application, DADS does not refund the license fee.
(h) The center must meet the building requirements
described in Subchapter E of this chapter (relating to Building Requirements).
If a center fails to meet the building requirements and fails to
implement an approved written plan of correction no later than 120
days after the initial Life Safety Code inspection, DADS denies the
application for a license.
(i) After a center has met Life Safety Code requirements,
DADS conducts an on-site health inspection.
(j) Following Life Safety Code approval by DADS, the
license holder must notify DADS of the date the business operations
will be relocated.
(k) DADS issues a license for the new center if the
new center meets the requirements in this chapter. The effective date
of the license is the date all business operations are relocated.
(l) The issuance of a license constitutes DADS approval
of the relocation.
(m) The license for the current location becomes invalid
upon issuance of the new license for the new location.
(n) If an applicant decides not to continue the application
process after submitting the application and correct license fee,
an applicant must submit to DADS a written request to withdraw the
application. DADS does not refund the license fee.
(o) Before denying an application for relocation, DADS
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
(2) an opportunity to show compliance with all the
requirements of THSC Chapter 248A and the Chapter to retain the license.
(p) To request an opportunity to show compliance, the
license holder must send a written request to DADS. The request must:
(1) be postmarked no later than 10 days after the date
of DADS notice of proposed action and received by DADS no later than
10 days after the date of the postmark; and
(2) contain documentation that refutes DADS allegations
(q) The opportunity to show compliance is limited to
a review of documentation submitted by the license holder and information
DADS used as the basis for the proposed action. The opportunity to
show compliance is not an administrative hearing. DADS gives the
license holder a written affirmation or reversal of the proposed action.
(r) If DADS denies an application for relocation, DADS
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 Texas Health and Human Services Commission rules found in 1 TAC
Chapter 357, Subchapter I (relating to Hearings Under the Administrative
Procedure Act) and DADS hearing rules found in Chapter 91 of this
title (relating to Hearings Under the Administrative Procedure Act).
|Source Note: The provisions of this §550.111 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875