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RULE §745.9037Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?

(a) We may take remedial action against your administrator's license or administrator's license application if you:

  (1) Violate Chapter 43 of the Human Resources Code (HRC) or a rule adopted under that chapter;

  (2) Circumvent or attempt to circumvent the requirements of Chapter 43 of the HRC or a rule adopted under that chapter;

  (3) Engage in fraud or deceit related to the requirements of Chapter 43 of the HRC or a rule adopted under that chapter;

  (4) Provide false or misleading information to us during the application or renewal process for your own or someone else's application or license;

  (5) Make a statement about a material fact during the license application or renewal process that you know or should know is false;

  (6) Do not comply with Subchapter F of this chapter (relating to Background Checks);

  (7) Use or abuse drugs or alcohol in a manner that jeopardizes your ability to function as an administrator;

  (8) Perform your duties as an administrator in a negligent manner; or

  (9) Engage in conduct that makes you ineligible to:

    (A) Receive a permit under HRC §42.072; or

    (B) Be employed as a controlling person or serve in that capacity in a facility or family home under HRC §42.062.

(b) If we deny you a full Child-Care Administrator's License (CCAL) for an issue identified in subsection (a) of this section while you have a provisional CCAL, your provisional CCAL is no longer valid. You may not continue serving or representing yourself as a licensed child-care administrator pending the outcome of due process.

(c) If we revoke your administrator's license, you are not eligible to apply for another administrator's license for five years after the date the license was revoked.

(d) If you have both a Child Care Administrator's License and a Child-Placing Agency Administrator's License, remedial action may be taken against both licenses. If we take remedial action against both of your licenses, you will be notified that the action applies to both licenses. In such a case, any administrative review or due process hearing for both licenses may be combined at our discretion.

(e) If we revoke your full administrator's license, deny you a full CCAL after issuing you a provisional CCAL, refuse to renew your full administrator's license, or you do not meet the renewal requirements, you must return your license certificate to us.

Source Note: The provisions of this §745.9037 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective March 1, 2014, 39 TexReg 1182; amended to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective October 19, 2023, 48 TexReg 5977

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