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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 §745.8837Who can request the due process hearing?

(a) When we have designated a person as a perpetrator of child abuse or neglect or determined that he is an immediate threat or danger to the health or safety of children, only he can request the due process hearing.

(b) When we are taking an adverse action against an operation or determine an operation is an immediate threat or danger to the health or safety of children, only the governing body, director, or the designee can request the due process hearing.

(c) A licensed administrator can request a due process hearing when we suspend, revoke, or deny his administrator's license.

(d) A controlling person can request a due process hearing if an administrative penalty is imposed against that controlling person.

(e) A person can request a due process hearing when Licensing designates that person as a controlling person as provided under §745.905 of this title (relating to When will Licensing designate someone at my child-care operation as a controlling person?).

(f) The governing body, director, or the designee of the operation can request a due process hearing for an administrative penalty imposed against a permit holder.


Source Note: The provisions of this §745.8837 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective June 1, 2014, 39 TexReg 3718

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