(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.
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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 |