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 1	ADMINISTRATIVE REVIEWS
RULE §745.8805	Under what circumstances may I request an administrative review?

(a) You may request an administrative review when:

(1) We determine that your operation is not exempt from our regulation;

(2) We deny your operation a waiver or variance;

(3) We cite your operation with a deficiency, and you disagree with the citation;

(4) We take remedial action against your operation, subject to the limitations in subsection (b) of this section;

(5) We have determined that you are an immediate threat or danger to the health or safety of children;

(6) We have designated you as a perpetrator of child abuse, neglect, or exploitation;

(7) We take remedial action against your Child Care Administrator's License; or

(8) We intend to designate you as a Controlling Person.

(b) You may not request an administrative review to challenge:

(1) An automatic suspension or revocation of your permit;

(2) A remedial action initially implemented through a court order;

(3) An emergency suspension or closure pursuant to the Human Resources Code §42.073; or

(4) An administrative penalty against you or your operation.

Source Note: The provisions of this §745.8805 adopted to be effective June 1, 2010, 35 TexReg 4184; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective June 1, 2014, 39 TexReg 3718