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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 558LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER BCRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE
RULE §558.12General Application

(a) An applicant must submit an application on the forms prescribed by HHSC through the online portal.

(b) An applicant must complete and furnish all documents and information that HHSC requests in accordance with instructions provided with the application. All uploaded documents an applicant submits must be complete and accurate. If an applicant provides incorrect or false information, or withholds information, on an application, HHSC may:

  (1) deny the application; or

  (2) assess an administrative penalty, as described in §558.602(e)(5) of this chapter (relating to Administrative Penalties).

(c) When an applicant submits an application through the online portal with full payment of applicable license fees, HHSC reviews the application and supporting documents to determine if it is complete and accurate. A complete and accurate application includes all documents and information that HHSC requests as part of the application process.

  (1) HHSC processes the application in accordance with time frames established in §558.31 of this subchapter (relating to Time Frames for Processing and Issuing a License).

  (2) If an applicant decides not to continue the application process for a license after submitting the application and license fee, the applicant must submit a written request to HHSC to withdraw the application. HHSC does not refund the license fee.

(d) If an application is not complete and accurate, HHSC provides the applicant with electronic notice through the online portal, that the application is incomplete and specifies the information required to complete the application.

  (1) The applicant must submit to HHSC, through the online portal, the additional information requested to complete the application by no later than 30 days after the date of the notice. HHSC sends only one electronic notice through the online portal of the information needed to complete the application.

  (2) If an applicant fails to submit the required information to complete the application within 30 days after HHSC provides electronic notice through the online portal, HHSC considers the application incomplete and may deny the application. If HHSC denies the application, HHSC does not refund the license fee.

  (3) HHSC, at its discretion, may accept information later than 30 days based on extenuating circumstances. HHSC may assess the late fee authorized in §558.3(c) and set out in §558.3(d) of this chapter (relating to License Fees) for the parent agency and any applicable branch offices or ADSs for failure to comply with paragraph (1) of this subsection.

(e) HHSC may deny issuance of a license for any of the reasons specified in §558.21 of this subchapter (relating to Denial of an Application or a License).


Source Note: The provisions of this §558.12 adopted to be effective April 25, 2021, 46 TexReg 2427

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