Texas Register, Volume 5, Number 39, Pages 1991-2042, May 23, 1980 Page: 2,000
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2000
The repeal of Rules 326.92.14.001 and .002 is proposed under
the authority of the Human Resources Code, Title 2.
.001. Exempt Facilities.
.002. Other Exempt Child Care Arrangements..
Doc. No. 803721
General Licensing Handbook 326.92.15.001,
.002
(Editor's note: The texts of the following rules proposed for
repeal will not be published. The rules may be examined in
the offices of the.Texas Department of Human Resources,
Long Building, 706 Banister, Austin, or in the Texas Register
Division offices, 503E Sam Houston Building, Austin.)
The repeal of Rules 326.92.15.001 and .002 is proposed under
the authority of the Human Resources Code, Title 2.
.001. Purpose and Availability.
.002. Revisions.
Doc. No. 803722
Exemptions from Licensing 326.92.15.003, .004
These rules are proposed under the authority of the Human
Resources Code, Title 2.
.003. Nonregulated Activities. In addition to the statutory
exemptions, the department does not regulate the following
types of facilities or activities.
(1) Skills classes. Programs designed primarily to
teach skills, such as baton classes, swimming classes, danc-
ing classes, and arts and crafts classes, when such classes are
not part of a school, kindergarten, or nursery school program
and are not child care arrangements. If such classes are se-
quential and continuous, they become child care arrange.-
ments and are subject to regulation. When such classes are
operated in connection with a.child care or kindergarten or
nursery school facility, they are not exempt. In an exempt
program, the care and supervision of the child is not the
reason for the child's enrollment. Facilities providing after-
school child care are subject to regulation.
(2) Programs which operate for less than 24 hours
per day and for two days or fewer per week, such as those
usually called "mother's day out" programs.
(3) programs operated on or by federal installations,
such as those on military bases or Indian reservations.
.004. Exempt Faciliti'es Requesting Regulation.
(a) When an exempt facility requests regulation, a
determination is made as to which of the five following
categories the facility and request fall within. The facility is
then dealt with according to the instructions for that catego-
ry:
(1) exempt facilities which request regulation with-
out regard to their exempt status;
(2) exempt facilities which request.a licensing in-
vestigation but not a license;
(3) exempt facilities which are found to be exempt
during the licensing investigation;
(4) facilities which have been issued a license,
registration, or certification but have subsequently been
found to be exempt from regulation;
(5) exempt facilities which for funding purposes
must meet minimum standards.(b) Category 1: Exempt but requesting regulation. No
statutorily or administratively exempt facility is to be regu-
lated pursuant to the child care licensing law. The legal re-
quirement for regulation applies only to t ase facilities not
exempted under the law or department policy.
(c) Category 2: Exempt but requesting an investiga-
tion. Licensing staff will not perform licensing investigation
requested by exempt facilities except as allowed in (f). A
licensing investigation constitutes a determination that
minimum standards are or are not met at the "me of the in-
vestigation, but it does not attempt to determine continued
compliance.
(d) Category 3: Exempt but under investigation. In ac-
cordance with the policy set forth in (c), if an investigation is
under way when a facility is found to be exempt, the in-
vestigation ceases. Licensing staff notifies the exempt
facility under investigation in writing that since it has been
found to be exempt, the investigation will not be completed.
The letter states that the application is being returned
because the facility has been found to be exempt and cites the
basis for exemption.
(e) Category 4: Exempt but holding a license, registra-
tion, or certificate. If a facility has been issued a license, cer-
tificate, or registration and is later found to be exempt,
licensing staff notifies the facility by letter of the provisions
of this paragraph and cites the basis for exemption. The
license, registration, or certificate will be allowed to expire
and will not be renewed. If the exempt facility wishes to ter
minate its regulated status, it may return the
license/certificate/registration voluntarily and regulation
will cease. Revocation procedures are not followed. Licenses,
registrations, or certificates held by exempt facilities con
tinue to be valid until their expiration date. As with other
regulated facilities, compliance with minimum standards is
enforced if the license, registration, or certificate is not
voluntarily returned.
(f) Category 5: Compliance for funding. Despite the
exemptions set forth in the licensing law, some exempt
facilities are required by other laws or regulations to meet ap-
plicable minimum standards for funding purposes. If an offi-
cial statement concerning compliance is necessary for an ex-
empt facility to receive funding, the facility must direct a re-
quest for standards evaluation to the director of licensing,
who will involve regional day care or agency and institutional
licensing staff as appropriate-in the decision. The facility
must submit an application and go through an abbreviated
investigation. Usually, licensing staff completes one stan-
dard-by-standard evaluation and reports the results (correc-
tions, if required, are specified) in writing to the person re-
questing the evaluation. Requests for waivers or variances
are not accepted from facilities under this category. No
license is issued to exempt facilities.
(g) In carrying out the procedures stated in (b)-I(f), staff
informs exempt facilities that copies of minimum standards
are available should they wish to use them as guides for self-
checking for compliance.
Doc. No. 803723Volume 5, Number 39, May 23, 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 39, Pages 1991-2042, May 23, 1980, periodical, May 23, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244670/m1/10/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.