| (a) Based on our assessment of the criteria provided
in §745.8607 of this subchapter (relating to How will Licensing
decide which type of enforcement action to recommend or impose?),
we may refuse to renew your permit for an issue identified in §745.8605
of this subchapter (relating to When can Licensing recommend or impose
an enforcement action against my operation?) if we:
(1) Cannot take another type of enforcement action
because:
(A) Your operation is ineligible for corrective action;
or
(B) The action would not resolve the issue or reduce
risk at your operation;
(2) Determine that a background check result or a finding
of abuse or neglect makes you ineligible for a permit, either because
the result is ineligible for a risk evaluation or the Centralized
Background Check Unit does not approve a risk evaluation as provided
in Subchapter F of this chapter (relating to Background Checks); or
(3) Otherwise refuse to renew your permit to address
the issue identified in §745.8605 of this subchapter.
(b) We may refuse to renew your permit at any point
before or after the renewal period expires. For example, if there
is a finding of abuse or neglect that makes you ineligible for a permit,
then we may refuse to renew your permit before the expiration of your
permit.
(c) The basis for refusing to renew your permit may
be based on grounds that occurred before or after the renewal period
expires.
(d) If we are:
(1) Refusing to renew your permit, we do not also have
to revoke your permit; or
(2) Revoking your permit before or after the renewal
period expires, we do not also have to refuse to renew your permit.
(e) You are entitled to an administrative review and
a due process hearing if we refuse to renew your permit. You may continue
to operate pending the outcome of the administrative review and due
process hearing unless we determine the operation poses an immediate
threat or danger to the health or safety of children.
(f) For other rules relating to renewals, see Division
12 of Subchapter D (relating to Permit Renewal).
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