Texas Register

TITLE 26 HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES
CHAPTER 745LICENSING
SUBCHAPTER JWAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8309When does a waiver or variance expire, and what must I do before it expires?
ISSUE 09/29/2023
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)We grant a waiver or variance for a specific amount of time. The waiver or variance will include its expiration date.

(b)We may issue a waiver or variance for up to three years. If you need a waiver or variance for a time period that exceeds three years, you will have to submit a new request as explained in subsection (c) of this section.

(c)If you will still need a waiver or variance after the waiver or variance expires, you must submit a new request to us according to §745.8305 of this subchapter (relating to How do I request a waiver or variance?):

  (1)At least 35 days prior to the expiration; or

  (2)As soon as possible, if the expiration date of the waiver or variance is less than 35 days from the date we granted it.

(d)When your waiver or variance expires, you must comply with the minimum standard, even if a new request related to that standard is pending our review.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 18, 2023

TRD-202303458

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 16, 2023

Proposal publication date: May 26, 2023

For further information, please call: (512) 438-3269



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