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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 §745.8815How is the administrative review conducted?

(a) Administrative reviews are generally conducted by telephone. However, if we take remedial action against your operation or we designate you as a perpetrator of child abuse, neglect, or exploitation, we may conduct the review in a face-to-face meeting at our office. If we cite you with a deficiency and you disagree with the citation or we determine that your operation is not exempt from our regulation, we may visit your operation to conduct the review.

(b) We will contact you within 10 calendar days of receiving your written request to schedule a time to conduct the review. The telephone conference or meeting must occur within 30 days of the date of this initial contact unless additional time is necessary in order for us to comply with your request for records related to the subject of the administrative review. If additional time is necessary, then the 30-day timeframe for completing the telephone conference or meeting will begin when you obtain the records.

(c) You will waive the telephone conference or meeting if:

  (1) You do not respond to our attempts to contact you; or

  (2) You do not complete the conference or meeting within the 30-day timeframe, unless the person conducting the review finds that there is good cause to schedule the conference or meeting at a later date.

(d) If you believe there is good cause to delay the conference or meeting, you must timely present your request for a delay and the reason in writing to the person conducting the review. The person conducting the review will make a decision regarding good cause based on policy developed by DFPS.

(e) Following the telephone conference or meeting, we will review the Licensing file and any additional documentation provided by you, may ask additional questions, and may gather other relevant information, as needed. If you waive the telephone conference or meeting, we will make a decision based on your written request and any supporting documentation submitted with your request.

(f) Unless good cause exists according to policy, we will prepare a written decision within 21 calendar days of conducting the review that upholds, amends, or overturns the Licensing decision or action in dispute and send notification of the decision to you. If the Licensing decision or action is overturned or amended, then we will correct the decision in our records.


Source Note: The provisions of this §745.8815 adopted to be effective June 1, 2010, 35 TexReg 4184

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