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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 2DUE PROCESS HEARINGS
RULE §745.8835When can I request a due process hearing?

(a) You may request a due process hearing in the following situations:

  (1) When we have designated you as a perpetrator of child abuse or neglect;

  (2) When we are going to release the fact that you are a perpetrator due to a Child Protective Services or Adult Protective Services finding of child abuse or neglect;

  (3) When we determine you or your operation is an immediate threat or danger to the health or safety of children;

  (4) When we are taking adverse action against your operation;

  (5) When we designate you as a controlling person at a residential operation;

  (6) When we impose an administrative penalty against you; or

  (7) If you are a licensed administrator, when we deny, revoke, suspend, or refuse to renew your license.

(b) Automatic suspension or revocation is not subject to a due process hearing.


Source Note: The provisions of this §745.8835 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2012, 37 TexReg 921

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