Revision 24-2; Effective May 22, 2024

In some circumstances, an exempt program may alter its services after CCR makes an exemption determination. The following are examples of a change that an exempt program might make:

  • relocating the program;
  • changing the hours, months, or days of operation;
  • adding or removing services or activities;
  • updating fee requirements; or
  • changing the ages of children the program serves.

CCR may become aware of these changes when:

  • CCR receives a report about the program making a change;
  • CCR receives a report that alleges the program is operating beyond the scope of the exemption;
  • the Unregulated Operations unit (UOU) suspects the program may be operating beyond the scope of the exemption when searching for unregulated operations; or
  • the program notifies CCR about the changes to the program.

After CCR becomes aware of changes to an exempt program, CCR staff evaluate if the changes impact the existing exemption determination.

2510 Determining if Changes to an Exempt Program Change the Program’s Exemption Status

Revision 24-2; Effective May 22, 2024

Procedure

After CCR becomes aware of changes to an exempt program, CCR staff:

  • find the exempt program in CLASS and review the approved exemption determination;
  • compare the changes with the exemption requirements in 26 TAC Chapter 745, Subchapter C, Operations that are Exempt from Regulation; and
  • determine if the changes impact the program’s exemption status.

CCR Decision: No Change to Exemption Determination

If CCR staff decide the program’s changes do not impact the existing exemption status, CCR staff document as a Chronology:

  • an explanation of the program’s change or changes; 
  • the CCR staff decision; and
  • the rationale for the decision.

CCR Decision: Change to Exemption Determination 

If CCR staff decide the program’s changes impact CCR’s exemption determination, including situations where the program is eligible for a different exemption, CCR staff request the program:

•    submit a new exemption request that may be a better fit with the changes made within five days;
•    submit an application for a permit within five days; or
•    not make the changes and notify CCR in writing within five days.

References

Overview of the Exemption Process, 2410 
When a Non-Exempt Program Does Not Take Steps to Become Regulated, Meet Criteria for an Exemption, or Stop Operating, 2441

2520 Enforcement Actions When an Exempt Program Knowingly Operates a Program that Requires Regulation by CCR

Revision 24-2; Effective May 22, 2024

CCR staff may begin the referral process to Child Care Enforcement (CCE) to seek injunctive action, civil penalties, or both against a person who:

  • knowingly fails to meet the requirements of an exemption and engages in activities that require permit from CCR; or
  • fails to inform CCR about a change in the status of a program that requires the program to be licensed or registered.

HRC Sections 42.074(a)(2) and 42.075(a)(4) 

Moreover, a person may be prosecuted under Texas Human Resources Code Section 42.076 for operating a child care operation without the appropriate permit from CCR.

Reference

Handling Changes to an Exempt Program, 2500 
Overview of CCR and Regulatory Enforcement Staff Responsibilities Related to Non-Voluntary Enforcement Action, 7200 

HRC Sections 42.074, 42.075 and 42.076