| (a) Renewal of a youth camp license. A person holding
a license under the Act shall renew the license annually before the
license expires.
(b) Renewal notice. At least 60 days before a license
expires, the department, as a service to the licensee, may send a
renewal notice to the licensee or registrant to the last known address
of the licensee. It remains the responsibility of the licensee to
keep the department informed of the licensee's current address and
to take action to renew the license whether or not they have received
the notification from the department. The renewal notice shall state:
(1) the type of license requiring renewal;
(2) the time period allowed for renewal; and
(3) the amount of the renewal fee.
(c) Renewal requirements. Renewal applications and
fees shall be submitted to the department prior to the license's annual
expiration date.
(1) Submitting an application. A renewal application
is made by submitting:
(A) a completed youth camp renewal application;
(B) an activity schedule showing dates and detailed
information about the activities that are conducted both at the camp
and at other locations;
(C) any other requested documents and information;
and
(D) paying the renewal license fee as described in §265.28
of this title (relating to Fees).
(2) Obtaining an application. A blank renewal application
may be obtained by calling the Environmental and Sanitation Licensing
Group at (512) 834-6600 or may be downloaded from the website at www.dshs.state.tx.us/youthcamp/default.shtm.
Renewal applications may be submitted to the Environmental and Sanitation
Licensing Group, Department of State Health Services, Mail Code 2003,
P.O. Box 149347, Austin, Texas 78714-9347.
(3) Qualifying for renewal of a youth camp license.
Subject to subsection (k) of this section, the department shall issue
a renewal license if the facility:
(A) meets the definition of a "Youth camp" as described
in §265.11(25) of this title (relating to Definitions); and
(B) is in compliance with all provisions of the Act
and the rules prior to operation as determined by:
(i) submitting a complete renewal application as described
in this subsection;
(ii) passing a pre-licensing inspection conducted by
the department, if required; and
(iii) complying with all final orders resulting from
any violations of this subchapter before the application for renewal
is submitted.
(d) Processing renewal applications.
(1) Applications for license renewal under this subchapter
shall be received by the Environmental and Sanitation Licensing Group
prior to the expiration date of the license or 45 days prior to camp
operation, whichever is earlier.
(2) The department shall issue the renewal license
or a written notice that the renewal application is complete or that
the renewal application is deficient within the following periods
of time from the date of receipt of the renewal application. The department
shall identify deficiencies in the notice and provide a deadline by
which the deficiencies shall be corrected in order for the department
to renew the license or to schedule the pre-licensing inspection if
required. Deficiencies may include the failure to provide required
information, documents, or fees, or the failure to schedule or successfully
pass the pre-licensing inspection if required. An application is not
considered complete until all required documentation, information,
and fees have been received. If a camp is subject to pre-licensing
inspection, the time period for issuing a letter of acceptance of
application for license renewal begins upon successfully passing inspection.
(A) Letter of acceptance of application for license
renewal approving the license and authorizing operation - within 30
days. The original license may serve as the letter of acceptance.
(B) Letter of renewal application deficiency - within
30 days after receipt of a deficient renewal application.
(C) Letter of pre-licensing inspection deficiency -
a notice of deficiency will be issued to the camp representative on
site at the conclusion of the pre-licensing inspection if any deficiencies
were noted during the inspection. The camp shall provide documentation
that all deficiencies have been corrected within 10 days after the
inspection or prior to camp operation, whichever comes first.
(3) In the event that a timely and complete application
for license renewal is not processed within timeframe established
in paragraph (2)(A) of this subsection, and no good cause exists for
the delay, the applicant has the right to request reimbursement of
all fees paid in that particular application process. Requests for
reimbursement shall be made in writing to the Environmental and Sanitation
Licensing Group. Good cause for exceeding the time period is considered
to exist if the number of applications for licensure exceeds by 15%
or more the number of applications processed the same calendar quarter
of the preceding year or any other condition exists giving the department
good cause for exceeding the time period.
(4) If the request for reimbursement as authorized
by paragraph (3) of this subsection is denied, the applicant may then
appeal to the commissioner for a resolution of the dispute. The applicant
shall give written notice to the commissioner requesting reimbursement
of the fee paid because the application was not processed within the
established time period. The department shall submit a written report
of the facts related to the processing of the application and good
cause for exceeding the established time periods. The commissioner
shall make the final decision and provide written notification of
the decision to the applicant and to the department.
(e) Late renewal. If a license is not renewed within
one year after the expiration date, the license may not be renewed.
A new license may be obtained by submitting a new application in compliance
with §265.23 of this title (relating to Application and Denial
of a New License; Non-transferable). If the license is renewed after
its expiration date, the renewed license shall expire on the date
the license would have expired had it been renewed timely.
(f) Non-renewal. The department may refuse to renew
a license if the applicant has not complied with all final orders
resulting from any violations of these sections. Eligibility for license
renewal may be reestablished by meeting all conditions of the orders
and complying with the requirements of this section. The department
may not renew the license of a youth camp that has not corrected deficiencies
identified in a final order before the application for renewal is
submitted. Evidence of corrections, such as photography or documentation
satisfactory to the department, shall be submitted to and approved
by the Environmental and Sanitation Business Filing and Verification
Unit prior to submitting the renewal application to the Business Filing
and Verification Section of the Consumer Protection Division.
(g) Application determination affecting license expiration.
If a license holder makes timely and sufficient application for the
renewal of a license, the existing license does not expire until the
application has been finally determined by the department. If the
application is denied, the existing license does not expire until
the last day for seeking review of the agency order or a later date
fixed by order of the reviewing court.
(h) Reapplication for license upon denial or revocation.
A license holder whose license has been denied or revoked may not
reapply for a new license for two years from the date of final denial
or revocation.
(i) Opportunity for a hearing. When the department
proposes to deny an initial or renewal application, it shall give
notice of the proposed action in writing and shall provide information
on how to request an administrative hearing. The applicant shall make
a written request for a hearing within 30 days from the date on the
notice letter sent by the department.
(j) Pre-licensing inspections. A youth camp applying
for a license renewal may be subject to a pre-licensing inspection.
Youth camps shall be in compliance with all provisions of the Act
and the rules prior to operation.
(k) Denials.
(1) The department may deny a renewal application for
licensing to those who fail to meet the standards established by the
Act and this subchapter. In making this determination, the department
shall consider any violations by the youth camp of the Act and this
subchapter, including whether the youth camp employs an individual
who was convicted of an act of sexual abuse, as defined by §21.02
of the Texas Penal Code, that occurred at the camp. Prior to denying
a renewal license, the department shall give the applicant an opportunity
for a hearing. The hearing shall be conducted in accordance with the
Act, the Administrative Procedure Act, Texas Government Code, Chapter
2001, and the formal hearing procedures of the department at 25 Texas
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