Texas Register, Volume 5, Number 39, Pages 1991-2042, May 23, 1980 Page: 2,011
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I POSED RULES
2011.082. Nati'e of Decision it oDeny an Application or Revoke a
License or Registration after a Standard-by-Standard Ecalua-
lion.
(a) If. as a result of the standard-by-standard evalua-
tion, a decision is made to deny an application or revoke a
license or registration, the regional director confers with the
regional attorney and the program management specialist to
review the basis for the decision and all relevant material in
the facility's record. The decision whether to offer suspen-
sion instead of revoking the license is made.
(bi Within 10 working days and with the concurrence
of and as necessary, assistance from the regional attorney
and the program management specialist, the regional admin-
istrator sends a letter by "certified mail-return receipt re-
quested" or by personal service, to the applicant/licensee.
The letter must contain but is not limited to the following:
(11 Purpose of the letter. notification of decision to
deny the application or revoke the license or registration
(21 Reference to previous Ietter(s( of noncompliance.
including the standard-by standard evaluation
(3I plates) of evaluationIs , the set of applicable
minimum standards, and names) of the licensing represen
tative(ls) who conducted the evaluations,.
(4) Quotation of the legal basis for action: Human
Resources ('ode., Section 42.1172, and applicable set of
minimum standards.
(15) Specific citations and quotation of the standards
W with which the facility is in noncompliance and the specific
facts supporting a finding of noncompliance.
(6) ('itation and quotation of any specific provisions
of the child care licensing law not involving minimum stan-
dards with which noncompliance was observed and specifics
of noncompliance.
(7) If previous noncompliances are a part of the basis
for the decision, a copy of the applicable noncompliance letter
or compliance record is attached to the letter, and reference
is made to the attachment.
(8) Explanation of the right to request arn appeal of
the decision within 3(1 days after receipt of the letter and in-
structions that a written request for an appeal must be ad-
dressed to the director of licensing. Texas I 'artnment of
Human Resources, '.O. Box 296(), Austin. Texas ,8769 The
letter must state the reasons against denial or revocation. A
copy must he sent to the assigned licensing representative
whose name and address are provided.
(9) If this is a revocation letter. IlHuman Resources
Code, Section 42.071 (bs and Ic), provide that the Licensing
Branch may suspend a license for a definite period instead of
revoking the license if the noncompliances do not endanger
the health or safety of children. If the facility wishes to re-
quest suspension rather than revocation, it must do so in
writing within 3l) days from the receipt of the letter. The
facility must show specifically that standards can be met;
that the suspension is requested for a specific period; and
that operations will cease. The request must be sent to the
regional administrator.
(10) A statement that if no appeal or suspension (if
offered) is requested. the 'ecision is final 30 d(lays after
receipt of the letter and in the case of a revocation letter, that
the license must be returned within five days.
(11) A statement that the attachments are made a
part of this letter by incorporation.(12) A copy of appropriate handbook material and a
marked copy of those pages of the minimum standards on
which appears a cited standard are enclosed with the letter.
.083. Appeal or Suspernson Not HRequ'este'd.
Cal If a request for an appeal or suspension is not
received post marked within the 301 day period, the regional
administrator notifies the applicantlicensee in writing by
"certified mail--return receipt requested" that the denial or
revocation is final The letter includes statements that:
I I The decision is final in acc,,rdance with Human
Resources ('ode. Section -12 0)74.
121 in the case of revocation, the license or certificate
must be returned to the licensing representative within five
days. If the license has already been returned, the letter
acknowleges receipt of( the license
11 I Hegirnirng or continued operation without a
license is a violation of the law and may result in a referral to
the county attorney, ditract attorney, or the attorney general
for appropriate legal ;tacti on in the case of a nonstate operated
facility.
bth Approximnately one week after this letter is mailed
to the facility, the iensng representative determines
whether the aI iiht cntltinues to .are for children and oh
trains the license if it has r not been returned Any continued
operation is (docunt'nted
084 i " ) *tp 4" "I 16I/I/ Hf i edt'I' -',' i lfps.l' utS)halawes If
the director f licensing grants th. request to appeal the deci
sion, the directorr ad(Ivises the appl ant and the applicant's at
torney, if known . In writing t that an advisory review board
will be appointed to hea r the' appeal. The letter also states
that the regional attorney will inform the appellant of the
date, time, a nd pl a e of the hearing. If the request is dented.
the reason s, s sttted in a letter.
.085. Matt,,rintgt durt'ing App,'t lIr ''cess
(a I After a request for an appeal has been granted and
the appeal process continues, the licensing representative
and supervisor confer with tlhe regional attorney concerning
monitoring visits Because the license is still in effect until
the appeal process is (contplete, the department retains
responsibility for ensuring that children are cared for in con-
formity with minimum im standards and the law A schedule is
established .-n, that inspections colit ntiue All such inspections
may be unannot)unced. Any col plaintts received will likewise
be investigated. All l nncompliancets aire noted, tinte limits
set. and corrections required as appropriate, to be communi
cated by letter after regional attorney approval. Monitoring
continues so long as the appeal is in process and the facility
operates.
ih I)uring the 30 -day time limit, during which time the
facility has not requested an appeal. no visits are made to the
facility unless a complaint i:s made on the facility or unless
approved by the program director.
.086. App tnit', ;A',r ,o/Atls,,rv R'it'u'w Board. The direc
tor of licensing appoints a chairman, four members, and no
less than one alternate to the advisory review board. Ap
pointment is made in a letter to each appointee from the
director of licensing. This letter serves as a contract specify-
ing the service to be provided to the department and the pay
ment for said service The director :advises the appointees not
to discuss the nwrits of the case with the parties concerned
prior to the hearing 'l'lte appointment letter contains a state
ment that the regional attorney will advise the appointees ofV,,lm,,t 5, Num,,er 39, May 23, 19,M)0
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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/m1/21/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.