Texas Register

TITLE 26 HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES
CHAPTER 745LICENSING
SUBCHAPTER JWAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8319Can Licensing amend or revoke a waiver or variance?
ISSUE 09/29/2023
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A waiver or variance is not an entitlement. Accordingly, we may amend or revoke your waiver or variance if we determine that:

  (1)Your waiver or variance does not address a risk to children that currently exists;

  (2)The circumstances that supported the decision to grant the waiver or variance have changed;

  (3)You fail to meet a condition; or

  (4)Your waiver or variance requires an additional or alternative condition.

(b)If you disagree with an amendment to your waiver or variance, see §745.8321 of this subchapter (relating to What can I do if I disagree with Licensing's decision related to a waiver or variance?).

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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