| (a) The date of an application is the date the DADS
Licensing and Credentialing Unit receives the application and the
correct license fee as required in §15.112 of this subchapter
(relating to Licensing Fees).
(b) DADS considers an application for an initial license
complete when DADS accepts the information described in §15.105
of this subchapter (relating to Initial License Application Procedures
and Issuance).
(c) DADS considers an application for a renewal license
complete when DADS accepts the information described in §15.106
of this subchapter (relating to Renewal License Application Procedures
and Issuance). A center may continue to operate during the renewal
application process in accordance with §15.106 of this subchapter.
(d) DADS considers an application for a change of ownership
license complete when DADS accepts the information described in §15.108
of this subchapter (relating to Change of Ownership License Application
Procedures and Issuance).
(e) DADS reviews an application for a license no later
than 45 days after the date DADS Licensing and Credentialing Unit
receives the application.
(f) If an applicant receives a notice from DADS that
some or all of the information required by this chapter is missing
or incomplete, an applicant must submit the required information no
later than 30 days after the date of the notice. If an applicant fails
to submit the required 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.
(g) DADS denies an application that remains incomplete
120 days after the date that DADS Licensing and Credentialing Unit
receives the application.
(h) DADS issues a license no later than 30 days after
DADS determines that an applicant and the center have met all licensure
requirements referenced in §15.105 and §15.106 of this subchapter,
as applicable.
(i) If DADS does not process an application in the
time period described in subsections (e) and (h) of this section,
an applicant may request reimbursement of the license fee paid. The
applicant must submit the reimbursement request following the instructions
on the DADS website.
(j) If DADS does not agree that the established time
period for processing an application described in subsection (e) of
this section has been violated or finds that good cause existed for
exceeding the established time period, DADS will deny the request.
(k) Good cause for exceeding the established time period
exists if:
(1) DADS receives an application during the time period
of September 1, 2014 through June 30, 2015;
(2) the number of applications to be processed exceeds
by 15 percent or more the number processed in the same fiscal quarter
of the preceding year effective when DADS has obtained and published
two quarters of application data;
(3) DADS must rely on another public or private entity
to process all or a part of the application received by DADS, and
the delay is caused by that entity; or
(4) other conditions existed giving good cause for
exceeding the established time period.
(l) If DADS denies the request for reimbursement, an
applicant may request that the DADS commissioner resolve the dispute.
An applicant must send a written statement to the DADS commissioner
describing the request for reimbursement and the reason for the request.
The DADS commissioner will review the request and notify an applicant
in writing of the decision.
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| Source Note: The provisions of this §550.114 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 |
