(a) A license holder must not increase a center's licensed
capacity without approval from DADS.
(b) The license holder must submit an application for
an increase in capacity in accordance with §15.102 of this subchapter
(relating to General Application Requirements) and the correct fee
required in §15.112 of this subchapter (relating to Licensing
Fees).
(c) The license holder must arrange for an inspection
of the center by the local fire marshal and provide written evidence
of the fire marshal's approval to DADS.
(d) An applicant must send written notice to DADS indicating
that the center is ready for a Life Safety Code inspection.
(1) The written notice must be submitted:
(A) with the application; or
(B) no later than 120 days after DADS Licensing and
Credentialing Unit receives the application.
(2) After DADS receives the written notice for a Life
Safety Code inspection and an applicant has satisfied the application
submission requirements, DADS staff conducts an on-site Life Safety
Code inspection.
(e) If an applicant receives a notice from DADS that
some or all of the information is missing or incomplete, an applicant
must submit the requested information no later than 30 days after
the date of the notice. If an applicant fails to submit the requested
information no later than 30 days after the notice date, DADS considers
the application incomplete and denies the application. If DADS denies
the application, DADS does not refund the license fee.
(f) The center must meet the building requirements
described in Subchapter E of this chapter (relating to Building Requirements).
If a center fails to meet the building requirements and fails to implement
an approved written plan of correction no later than 120 days after
the initial Life Safety Code inspection, DADS denies the application
for a license.
(g) After a center has met Life Safety Code requirements,
DADS conducts an on-site health inspection.
(h) DADS issues a new license with an increased capacity
if DADS determines that the center is in compliance with this chapter.
(i) If an applicant decides not to continue the application
process after submitting the application and correct license fee,
an applicant must submit to DADS a written request to withdraw the
application. DADS does not refund the license fee.
(j) Before denying an application for an increase in
capacity, DADS gives the license holder:
(1) notice by personal service or by registered or
certified mail of the facts or conduct alleged to warrant the proposed
action; and
(2) an opportunity to show compliance with all the
requirements of the THSC Chapter 248A and this chapter to retain the
license.
(k) To request an opportunity to show compliance,
the license holder must send a written request to DADS. The request
must:
(1) be postmarked no later than 10 days after the date
of DADS notice of proposed action and received by DADS no later than
10 days after the date of the postmark; and
(2) contain documentation that refutes DADS allegations
superficially.
(l) The opportunity to show compliance is limited to
a review of documentation submitted by the license holder and information
DADS used as the basis for the proposed action. The opportunity to
show compliance is not an administrative hearing. DADS gives the license
holder a written affirmation or reversal of the proposed action.
(m) If DADS denies an application for an increase
in capacity, DADS sends the license holder a written notice of the
denial and informs the license holder of the right to request an administrative
hearing to appeal the denial. The administrative hearing is held in
accordance with Texas Health and Human Services Commission rules found
at 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the
Administrative Procedure Act) and DADS hearing rules found in Chapter
91 of this title (relating to Hearings Under the Administrative Procedure
Act).
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Source Note: The provisions of this §550.109 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |