| (B) the renewal license fee. (3) The time periods for processing an application shall be in accordance with §137.13 of this title. (4) If timely and sufficient application is made for renewal, the license will not expire until the department issues the license or until the department denies renewal of the license. (5) The department shall issue a renewal license to a licensee who meets the minimum standards for a license in accordance with the provisions of the Act and this chapter. (6) Renewal licenses will be valid for 24 months. (g) Failure to timely renew. (1) General. (A) If a licensee fails to submit a timely and sufficient renewal form and fee in accordance with subsection (f) of this section, the department shall notify the licensee that the center must cease operation on the expiration date of the license. (B) No services shall be provided at the center after the expiration of the license. (2) Active military duty exception. If a licensee fails to timely renew his or her license because the licensee is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee may renew the license pursuant to this paragraph. (A) Renewal of the license may be requested by the licensee, the licensee's spouse, or an individual having power of attorney from the licensee. The renewal form shall include a current address and telephone number for the individual requesting the renewal. (B) Renewal may be requested before or after the expiration of the license. (C) A copy of the official orders or other official military documentation showing that the licensee is or was on active military duty serving outside the State of Texas shall be filed with the department along with the renewal form. (D) A copy of the power of attorney from the licensee shall be filed with the department along with the renewal form if the individual having the power of attorney executes any of the documents required in this section. (E) A licensee renewing under this paragraph shall pay the applicable renewal fee. (F) A licensee is not authorized to operate the center for which the license was obtained after the expiration of the license unless and until the licensee actually renews the license. (G) This paragraph applies to a licensee who is a sole practitioner or a partnership with only individuals as partners where all of the partners were on active duty with the armed forces of the United States serving outside the State of Texas. (h) General requirements for renewal of license. (1) After the issuance of the initial license, a licensee is eligible for subsequent renewal of the license biannually if the licensee continues to comply with the provisions of the Act and this chapter and has applied for renewal of the license in accordance with subsection (f) of this section. (2) If a licensee makes a timely and sufficient application for renewal of a license, and an action to revoke, suspend, or deny renewal of the license is pending, the license does not expire but does extend until the application for renewal is granted or denied after the opportunity for a formal hearing. A renewal license will not be issued unless the department has determined the reason for the proposed action no longer exists. (3) Continuing compliance by the center with the provisions of the Act and this chapter is required during the previous 24-month license period in order for the license to be renewed. (4) The licensee shall not misstate or omit a material fact on any documents required to be submitted to the department or required to be maintained by the center in accordance with the provisions of the Act and this chapter. (5) During the license period, the center shall provide services to one or more clients and document the provision of services. The center must show proof that services have been provided under the license within the previous 24 months. Such documentation shall be available for review by a department surveyor. (6) If a licensee decides not to continue the application process for the renewal of a license, the application may be withdrawn upon written request. The applicant shall cease providing services and return the original license certificate to the department with its written request to withdraw. The department shall acknowledge receipt of the request to withdraw. The license fee will not be refunded. (i) On-site surveys. On-site surveys of the center shall be performed at a frequency prescribed by and in accordance with §137.21 of this title (relating to On-Site Surveys). |
