Whether you may operate during the appeal of an adverse action
depends upon the type of adverse action the Texas Health and Human
Services (HHSC) is imposing against you:
(1) If HHSC is suspending your permit or denying you
a permit, you may not operate pending the outcome of an administrative
review and due process hearing;
(2) If HHSC is revoking or refusing to renew your permit,
you may continue to operate pending the outcome of the administrative
review and due process hearing unless Licensing determines the operation
poses an immediate threat or danger to the health or safety of children
according to §745.751 of this chapter (relating to What factors
does Licensing consider when determining if a person or operation
is an immediate threat to the health or safety of children?); and
(3) If HHSC is adversely amending your permit, you
may continue to operate without the adverse amendment pending the
outcome of the administrative review and due process hearing.
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