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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER LENFORCEMENT ACTIONS
DIVISION 1OVERVIEW OF ENFORCEMENT ACTIONS
RULE §745.8605When can Licensing recommend or impose an enforcement action against my operation?

We can recommend or impose an enforcement action any time we find one of the following:

  (1) You supplied false information or made false statements during the application process;

  (2) You falsified or permitted to be falsified any record or other materials that are required to be maintained by Licensing minimum standards;

  (3) You do not have the required insurance;

  (4) You do not pay the required fees;

  (5) A single serious deficiency of minimum standards, rules, or laws, including a finding of abuse or neglect or background check matches;

  (6) Several deficiencies that create an endangering situation;

  (7) A repetition or pattern of deficiencies;

  (8) An immediate threat or danger to the health or safety of children;

  (9) You or someone working at your operation refuses, prevents, or delays our ability to conduct an inspection and/or investigation;

  (10) A failure to timely report necessary changes to Licensing;

  (11) A failure to comply with any restrictions or limits placed on your permit;

  (12) A failure to meet the terms and conditions of your evaluation or probation;

  (13) A failure to comply with minimum standards, rules, or laws at the end of the suspension period;

  (14) A failure to submit information to us within two days of a change in your controlling persons, as required in §745.903 of this title (relating to When must I submit to Licensing information about a person whom I consider to be a controlling person at my child-care operation?);

  (15) You apply for a permit to operate a child-care operation within five years after:

    (A) We revoked your permit; or

    (B) You voluntarily closed your operation or relinquished your permit after receiving notice of our intent to take adverse action against your permit or that we were taking adverse action against your permit;

  (16) You apply for a permit after we designate you as a controlling person, but before the designation is sustained;

  (17) It is within five years since your designation as a controlling person has been sustained;

  (18) You apply for a permit to operate a child-care operation, and you are barred from operating a child-care operation in another state;

  (19) You apply for a permit to operate a child-care operation, and your permit to operate a child-care operation in another state was revoked;

  (20) You apply for a permit to operate a child-care operation, and your permit to operate was revoked, suspended, or terminated by another Texas state agency as outlined in Chapter 531 of the Government Code, Subchapter W (relating to Adverse Licensing, Listing, or Registration Decisions);

  (21) You apply for a permit to operate a child-care operation and:

    (A) You fail to comply with public notice and hearing requirements as set forth in §745.277 of this title (relating to What will happen if I fail to comply with public notice and hearing requirements?); or

    (B) The results of the public hearing meet one of the criteria set forth in §745.279 of this title (relating to How may the results of a public hearing affect my application for a permit or a request to amend my permit?);

  (22) You operate a child-care operation, and that operation discharges or retaliates against an employee, client, resident, or other person because the person or someone on behalf of the person files a complaint, presents a grievance, or otherwise provides in good faith, information relating to the misuse of restraint or seclusion at the operation;

  (23) A reason set forth in Human Resources Code, §42.078;

  (24) A failure to pay an administrative penalty under Human Resources Code, §42.078;

  (25) A failure to follow conditions or restrictions placed on a person's presence at an operation; or

  (26) During the application process you were exempt from the public notice and hearing requirements by §745.273(c) of this title (relating to Which residential child-care operations must meet the public notice and hearing requirements?), but you never provide or cease to provide trafficking victim services and do not meet the public notice and hearing requirements.


Source Note: The provisions of this §745.8605 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective October 1, 2004, 29 TexReg 9206; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective March 1, 2015, 40 TexReg 834; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963

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