| (a) DADS will process only applications received within
60 days before the requested date of the issuance of the license.
(b) An application is complete when all requirements
for licensing have been met, including compliance with standards.
If an inspection for compliance is required, the application is not
complete until the inspection has occurred, reports have been reviewed,
and the applicant complies with the standards.
(c) If the application is postmarked by the filing
deadline, the application will be considered to be timely filed if
received in DADS' Regulatory Services Licensing and Credentialing
Section within 15 days after the postmark.
(d) Regulatory Services will notify facilities within
30 days after receipt of the application if any of the following applications
are incomplete:
(1) initial application;
(2) change of ownership;
(3) renewal; and
(4) increase in capacity.
(e) Except as provided in the following sentence, a
license will be issued or denied within 30 days after the receipt
of a complete application or within 30 days before the expiration
date of the license. However, DADS may delay an action on an application
for renewal of a license for up to six months if the facility is subject
to a proposed or pending licensure termination action on or within
30 days before the expiration date of the license. The issuance of
the license constitutes DADS' official written notice to the facility
of the acceptance and filing of the application.
(f) In the event the application is not processed in
the time periods as stated in this section, the applicant has a right
to request of the program director full reimbursement of all filing
fees paid in that particular application process. If the program director
does not agree that the established periods have been violated or
finds that good cause existed for exceeding the established periods,
the request will be denied.
(g) Good cause for exceeding the period established
is considered to exist if:
(1) the number of applications to be processed exceeds
by 15% or more the number processed in the same calendar quarter
of the preceding year;
(2) another public or private entity used in the application
process caused the delay; or
(3) other conditions existed giving good cause for
exceeding the established periods.
(h) If the request for full reimbursement is denied,
the applicant may appeal directly to the DADS commissioner for resolution
of the dispute. The applicant must send a written statement to the
DADS commissioner describing the request for reimbursement and the
reasons for it. The program director also may send a written statement
to the DADS commissioner describing the program's reasons for denying
reimbursement. The DADS commissioner makes a timely decision concerning
the appeal and notifies the applicant and the program in writing
of the decision.
|
| Source Note: The provisions of this §559.18 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
