Texas Administrative Code

Texas Administrative Code

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 19	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745	LICENSING
SUBCHAPTER M	ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 2	DUE PROCESS HEARINGS
RULE §745.8835	When 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