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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER MADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 1ADMINISTRATIVE REVIEWS
RULE §745.8805Under what circumstances may I request an administrative review?

(a) You may request an administrative review when:

  (1) We determine that your operation is not exempt from our regulation;

  (2) We deny your operation a waiver or variance;

  (3) We cite your operation with a deficiency, and you disagree with the citation;

  (4) We take remedial action against your operation, subject to the limitations in subsection (b) of this section;

  (5) We have determined that you are an immediate threat or danger to the health or safety of children;

  (6) We have designated you as a perpetrator of child abuse, neglect, or exploitation;

  (7) We take remedial action against your Child Care Administrator's License; or

  (8) We intend to designate you as a Controlling Person.

(b) You may not request an administrative review to challenge:

  (1) An automatic suspension or revocation of your permit;

  (2) A remedial action initially implemented through a court order;

  (3) An emergency suspension or closure pursuant to the Human Resources Code §42.073; or

  (4) An administrative penalty against you or your operation.


Source Note: The provisions of this §745.8805 adopted to be effective June 1, 2010, 35 TexReg 4184; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective June 1, 2014, 39 TexReg 3718

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