| (a) General.
(1) In this section, the date of an application is
the date an applicant successfully submits an application to HHSC
through the online portal as described in subsection (b)(1) of this
section.
(2) HHSC considers an application complete for purposes
of this section when it is complete and accurate as described in §558.12
of this subchapter (relating to General Applications), and the applicant
has met all requirements for licensure, including applicable background
and survey standards before HHSC issues a license.
(b) Time frames. HHSC processes an application in accordance
with the following time frames.
(1) The first time frame begins on the date the applicant
successfully submits an application through the online portal and
the online portal reflects a status of "payment received" for applicable
license fees, including late fees, and ends on the date HHSC determines
the submission is complete and accurate, as described in §558.12
of this subchapter (relating to General Applications). If HHSC receives
an incomplete application, the first time frame ends on the date HHSC
sends an electronic notice, through the online portal, to the agency
that the application is incomplete. The electronic notice specifies
the information that the applicant must submit to complete the application.
The first time frame is no longer than 45 days.
(2) The second time frame begins on the date that the
application is complete, as described for the purpose of this section,
in subsection (a)(2) of this section, and ends on the date the license
is issued. The second time frame is no longer than 45 days.
(3) If an agency is subject to a proposed or pending
enforcement action on its license, on or within 45 days before the
expiration date of the license, HHSC may postpone decision on a renewal
application while the action is pending.
(c) Reimbursement of fees.
(1) If HHSC does not process the application in the
time frames stated in subsection (b) of this section, the applicant
has the right to request that HHSC reimburse the license fee. If HHSC
does not agree that the established time frames have been violated
or finds that good cause existed for exceeding the established time
frames, HHSC denies the request.
(2) HHSC considers that good cause for exceeding the
established time frames exists if:
(A) the number of applications to be processed exceeds
by 15 percent or more the number of applications processed in the
same quarter for the preceding year;
(B) another public or private entity used in the application
process caused the delay; or
(C) other conditions existed giving good cause for
exceeding the established time frames.
(d) Appeal. If HHSC denies the request for reimbursement
of the license fee, as authorized by subsection (c) of this section,
the applicant may appeal the denial. In order to appeal, the applicant
must send a written request for reimbursement of the license fee to
the HHSC executive commissioner. The request must include that the
application was not processed within the established time frame. The
HHSC HCSSA licensing unit provides the HHSC executive commissioner
with a written report of the facts related to the processing of the
application and good cause for exceeding the established time frame.
The HHSC executive commissioner makes the final decision and provides
written notification of the decision to the applicant and the HHSC
HCSSA licensing unit.
|
| Source Note: The provisions of this §558.31 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective January 15, 2009, 34 TexReg 252; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
