We can recommend or impose an enforcement action any time we
find one of the following:
(1) You supplied false information or made false statements
during the application process;
(2) You falsified or permitted to be falsified any
record or other materials that are required to be maintained by minimum
standards;
(3) You do not have an acceptable reason for not having
the required liability insurance in §745.251 of this chapter
(relating to What are the acceptable reasons not to have liability
insurance?);
(4) You do not pay the required fees;
(5) A single serious deficiency of a minimum standard,
rule, or statute, including a finding of abuse or neglect or background
check matches;
(6) Several deficiencies that create an endangering
situation;
(7) A repetition or pattern of deficiencies;
(8) An immediate threat or danger to the health or
safety of children;
(9) You or someone working at your operation refuses,
prevents, or delays our ability to conduct an inspection or investigation,
or the ability of the Department of Family and Protective Services
to conduct an investigation of an allegation of abuse, neglect, or
exploitation;
(10) A failure to timely report necessary changes to
Licensing;
(11) A failure to comply with any restrictions or limits
placed on your permit;
(12) A failure to meet the terms and conditions of
your probation;
(13) A failure to comply with minimum standards, rules,
or statutes at the end of the suspension period;
(14) A failure to submit information to us within two
days of a change in your controlling persons, as required in §745.903
of this chapter (relating to When and how must an operation submit
controlling-person information to Licensing?);
(15) You fail to correct by the compliance date any
deficiency that is not pending due process;
(16) You apply for a permit after we designate you
as a controlling person, but before the designation is sustained;
(17) It is within five years since your designation
as a controlling person has been sustained;
(18) You apply for a permit to operate a child care
operation, and you are barred from operating a child care operation
in another state;
(19) You apply for a permit to operate a child care
operation, and your permit to operate a child care operation in another
state was revoked;
(20) You apply for a permit to operate a child care
operation, and your permit to operate was revoked, suspended, or terminated
by another Texas state agency as outlined in Texas Government Code,
Chapter 531, Subchapter W (relating to Adverse Licensing, Listing,
or Registration Decisions);
(21) You apply for a permit to operate a child care
operation and:
(A) You fail to comply with public notice and hearing
requirements as set forth in §745.277 of this chapter (relating
to What will happen if I fail to comply with public notice and hearing
requirements?); or
(B) The results of the public hearing meet one of the
criteria set forth in §745.340(b) of this chapter (relating to
What factors will we consider when evaluating an application for a
permit?).
(22) You operate a child care operation, and that operation
discharges or retaliates against an employee, client, resident, or
other person because the person or someone on behalf of the person
files a complaint, presents a grievance, or otherwise provides in
good faith, information relating to the misuse of restraint or seclusion
at the operation;
(23) A reason set forth in Texas Human Resources Code, §42.078;
(24) A failure to pay an administrative penalty under
Texas Human Resources Code, §42.078;
(25) A failure to follow conditions or restrictions
placed on a person's presence at an operation;
(26) During the application process you were exempt
from the public notice and hearing requirements under §745.273(b)
of this chapter (relating to Which residential child-care operations
must meet the public notice and hearing requirements?), but you never
provide or cease to provide trafficking victim services and fail to
meet the public notice and hearing requirements; or
(27) You provide care to an unlawfully present individual
in violation of Chapter 748, Subchapter B, Division 3 of this title
(relating to Care of Unlawfully Present Individuals).
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| Source Note: The provisions of this §745.8605 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective October 1, 2004, 29 TexReg 9206; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective March 1, 2015, 40 TexReg 834; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April25, 2021, 46 TexReg 2437; amended to be effective July 8, 2022, 47 TexReg 4336 |
