7500, Administrative Penalties
Revision 24-4; Effective Nov. 13, 2024
7510 Overview of CCR and Child Care Enforcement Staff Responsibilities Related to Administrative Penalties
Revision 24-4; Effective Nov. 13, 2024
The following chart provides a general overview of the roles and responsibilities of CCR and Child Care Enforcement (CCE) staff related to administrative penalties.
| Task | Who is Responsible for Task |
|---|---|
| Cite deficiencies subject to an administrative penalty and provide technical assistance. | CCR |
| Create a chronology for each deficiency subject to an administrative penalty. | CCR |
| Review the chronologies that CCR entered in CLASS when creating the recommendation to impose an administrative penalty. | CCE |
| Update the administrative review status for certain deficiencies subject to an administrative penalty. | CCR |
| CCE disagrees with a statute, administrative rule or minimum standard that is the subject of an administrative penalty, CCR staff to determine the best course of action. | CCR |
| Complete and submit the recommendation to impose an administrative penalty in CLASS. | CCE |
| Document supervisory approval and send the operation or controlling person notice of the administrative penalty recommendation. | CCE |
| Review the administrative review status for the deficiencies associated with the administrative penalty to determine if the penalty should continue. | CCE |
| Send and process the order to pay the administrative penalty. | CCE |
| Enter due process for administrative penalties in CLASS. | CCE |
| Monitor CLASS for payment or nonpayment of administrative penalty fees. | CCE |
| Monitor and document the final result of the administrative penalty in CLASS. | CCE |
| If an administrative penalty is not paid by the due date and remains unpaid during renewal period, submit a Referral for Enforcement Action to CCE during the operation’s next permit renewal period. | CCR |
7520 Legal Basis to Impose Administrative Penalties
Revision 24-4; Effective Nov. 13, 2024
Administrative penalties are fines Child Care Enforcement (CCE) may impose against an operation or a controlling person with the intent of reducing the risk of harm to children in care. Administrative penalties are not imposed for clerical errors.
Administrative penalties may be imposed against:
- any licensed operation, registered or listed family home, including those exempt from paying annual fees;
- controlling persons; and
- a child placing agency's main office for violations cited at the operation's branch offices.
Reference
HRC Section 42.078(a)
26 TAC Section 745.8603
7530 Reserved for Future Use
Revision 24-4; Effective Nov. 13, 2024
7531 Child Care Enforcement Disagrees with the Deficiency Cited for an Administrative Penalty
Revision 24-4; Effective Nov. 13, 2024
If CCE determines CCR staff cited the incorrect statute, administrative rule or minimum standard for the administrative penalty, CCE will inform CCR of their recommendation.
7540 Steps the Operation Takes after CCE Sends the Notice of Recommendation for Administrative Penalty
Revision 24-4; Effective Nov. 13, 2024
After receiving CLASS Form 2994 Notice of Recommendation for Administrative Penalty, the operation or controlling person has 30 days to:
- pay the administrative penalty;
- accept the administrative penalty; or
- dispute the penalty by requesting a due process hearing.
The operation or controlling person may request a due process hearing even if the operation or controlling person has paid the administrative penalty fee.
7550 Due Process Rights for Administrative Penalties
Revision 24-4; Effective Nov. 13, 2024
The Child Care Licensing Legal Enforcement Department must receive a request for a due process hearing in writing, which includes by email or fax, within 30 days of the date the operation or controlling person received CLASS Form 2994 Notice of Recommendation for Administrative Penalty.
The operation or controlling person waives the right to a due process hearing if the operation or controlling person:
- does not accept the penalty or request a due process hearing for the administrative penalty per 26 TAC Section 745.8837; or
- submits a written statement waiving the right to a due process hearing to the Child Care Licensing Legal Enforcement Department.
Reference
26 TAC Sections 745.8613(a)(5), 745.8835(a)(1)(B), and 745.8835(a)(4)
HRC Sections 42.078(g) and 42.078(i)
7551 The Right to Request a Judicial Review of an Administrative Penalty After a Due Process Hearing
Revision 24-4; Effective Nov. 13, 2024
Following a due process hearing where a judge upheld the administrative penalty, an operation or controlling person has 30 days from receiving the results to:
- pay the penalty amount ordered;
- file a petition for a judicial review; or
- pay the penalty amount ordered and file a petition for a judicial review.
Reference
HRC Section 42.078(k)
7560 Payment and Nonpayment of Administrative Penalties
Revision 24-4; Effective Nov. 13, 2024
The operation or controlling person may pay the administrative penalty as soon as they receive CLASS Form 2994 Notice of Recommendation for Administrative Penalty, but must pay no later than 30 days after any of the following occur:
- CLASS Form 2995 Administrative Penalty Order is received by the operation or controlling person, unless a due process hearing is requested;
- the Child Care Licensing Legal Enforcement Department sends a negotiated reduction notice;
- an administrative law judge's order to pay the administrative penalty becomes final, unless a judicial review is requested; or
- a judge conducts a judicial review and upholds the decision to impose the administrative penalty.
The 30-day time frame is measured from the date the last action noted above occurred. For example, the operation or controlling person received CLASS Form 2994 on Jan. 1, but a judicial review upholds the decision to impose an administrative penalty on Jan. 15. The 30-day time frame begins on Jan. 15.
Reference
How an Operation Submits a Payment, 5222
The Right to Request a Judicial Review of an Administrative Penalty After a Due Process Hearing, 7551
7561 When Administrative Penalties Remain Unpaid
Revision 24-4; Effective Nov. 13, 2024
If the operation or controlling person does not pay the administrative penalty amount as ordered by the due date, CCR staff follow the procedure in 3927 Refusal to Renew a Permit during the operation’s next permit renewal period.
Reference
26 TAC Sections 745.477; 745.8605
Verifying Fee and Administrative Penalty Payments, 3924.2