3200, Processing the Application for a License Certificate, Compliance Certificate, Registration, or Listing Permit

3210 Orientation, Inquiry Meeting, or Pre-Application Interview

September 2015

The pre-application interview (also known as orientation or an inquiry meeting) teaches a potential applicant or governing body designee about the application process, CCR requirements, and administrative procedures.

26 TAC §745.213

 

3211 When a Pre-Application Interview is Required

August 2020

A pre-application interview is required for an applicant or applicant’s governing body designee seeking a license, certificate, or registration. For a registration, a pre-application interview must have been completed within one year before the application date.

An applicant for a listing may attend a pre-application interview for registered and licensed child care homes, but is not required to do so.

The pre-application interview is not available to applicants for a compliance certificate to operate a small employer-based child care facility or a shelter care facility.

26 TAC §§745.211745.243

Procedure

If a potential applicant has not attended a pre-application interview, CCR staff may schedule one for the potential applicant who inquires.

CRR staff should encourage the potential applicant to attend a class to take advantage of the class’s benefits. However, if a hardship situation prevents the potential applicant from attending, and there are sufficient resources, CCR staff gives the potential applicant the option of meeting this requirement at a one-on-one meeting with an inspector.

 

3212 Approved Locations for a Pre-Application Interview

September 28, 2018

The inspector may hold the pre-application interview for a child care permit:

  • at an HHSC office;
  • at the applicant’s or potential applicant’s office;
  • at the potential site for the operation;
  • as a group meeting, with other CCR staff or HHSC representatives, at any of the locations identified above; or
  • as a telephone interview, if meeting in person is not possible.

26 TAC §745.215

 

3213 Topics Covered and Forms Provided During the Pre-Application Interview

July 2021

During a pre-application interview with a person interested in running a child care operation, the inspector explains the following information, at minimum:

  • If an application is returned three times within one year because it is incomplete, the applicant must wait one year before submitting another application.
  • The inspector has 21 days to review each submission for completeness.
  • After an application is accepted, the inspector has two months to decide whether to issue or deny a permit.
  • An initial license may be issued so that the operation can be evaluated before it is issued a full license.
  • The inspector explains the administrative procedures to be followed and the requirements to be met under the permit, including:
    • governing body responsibilities;
    • controlling person requirements and responsibilities;
    • liability insurance requirements; and
    • background check responsibilities.

The inspector also discusses the criteria an operation would have to meet to be exempt from CCR regulation.

See:

2200 Types of Child Care Permits and Multiple Operations

2300 Determining Whether a Program Is Subject To or Exempt from Regulation

26 TAC §§745.37745.113745.213

 

3213.1 Governing Body and Licensing Responsibilities

March 2017

Procedure

At the pre-application interview, the inspector explains to the applicant or the applicant’s governing body designee that the governing body:

  • is responsible for maintaining compliance with statutes, administrative rules, and minimum standards; and
  • must complete and submit a separate application for each operation subject to regulation that it plans to operate.

Licensing informs the governing body of any enforcement action that may be taken against the operation if it fails to maintain compliance with statutes, administrative rules, and minimum standards.

 

3213.11 Additional Information for Child Day Care Governing Body Responsibilities

September 28, 2018

Procedure

At the pre-application interview for a child day care operation, the inspector explains all of the following.

The applicant or the applicant’s governing body designee must submit Form 2911 Child Care Licensing Governing Body/Director Designation with the application.

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must:

  • submit a personal history statement each time a new director is named;
  • notify CCR no later than five days after a change is made regarding a director;
  • submit Form 2911 or designate a new director through the provider's online Child Care Licensing Account within 10 days of designating the director;
  • submit changes in the governing body or the director designation on Form 2760 Controlling Person - Child Care Regulation or through the provider’s online Child Care Licensing Account within two days in accordance with controlling person requirements (see 3213.2 Controlling Person Responsibilities); and
  • indicate on Form 2911 or through the provider’s online Child Care Licensing Account whether all routine correspondence should be sent to the head of the governing body (see Appendix 3000-1: Notifying the Operation, for others who must receive routine correspondence).

26 TAC §§744.303744.1037745.903746.303746.1039

 

3213.12 Additional Information for Residential Child Care Governing Body Responsibilities

September 28, 2018

Procedure

At the pre-application interview for a residential operation, the inspector explains all of the following to the applicant or the applicant’s governing body designee.

Reporting a Change of Administrator

A general residential operation or child-placing agency must have a full-time licensed administrator.

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must report any change of administrator within seven days after the change. This must be done in writing using Form 2819 Residential Child Care Licensing Governing Body/Administrator or Executive Director Designation, or through the provider’s online Child Care Licensing Account.

26 TAC §§748.103748.307(3)749.103749.507(3)749.633

Reporting a Change of Governing Body or Administrator

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must inform Licensing if the governing body or the administrator changes. This must be done within two days of the change, in accordance with requirements for controlling persons.

Licensing may be notified by using Form 2760 Controlling Person - Child Care Regulation or through the provider’s online Child Care Licensing Account.

See 3213.2 Controlling Person Responsibilities.

40 TAC §745.903

Reporting Policy Changes

The applicant or applicant’s governing body designee or the permit holder must report any significant change in the policies to Licensing at least seven days before implementing the change. See 4700 Reviewing Operation Policies.

If the change requires amending the permit, the amendment must be approved by Licensing before the change is implemented.

26 TAC §§748.63748.1203749.63750.61750.151(f)

Staffing Plan

The applicant or applicant’s governing body designee or the permit holder must have a written professional staffing plan and must hire qualified staff to meet minimum standards.

26 TAC §§748.501749.601

 

3213.2 Controlling Person Responsibilities

September 28, 2018

Procedure

At the pre-application interview, the inspector explains the following to the applicant or applicant’s governing body designee:

  • who qualifies as a controlling person; and
  • what his or her roles and responsibilities are with an operation.

The inspector also informs the applicant that controlling person information must be submitted:

  • online through the provider's online Child Care Licensing Account or by using Form 2760 Controlling Person - Child Care Regulation, with the application; and
  • within two days each time a person becomes, or ceases to be, a controlling person at the operation thereafter.

26 TAC §§744.305(a)(6)746.305(a)(6)747.303(a)(6)748.103(a)(13)749.103(18)750.103(11)

40 TAC §§745.901745.903745.907

See 5400 Controlling Person.

 

3213.3 Background Check Responsibilities

September 2015

Procedure

At the pre-application interview, the inspector informs the applicant or applicant’s governing body designee that a background check, including a criminal history check, is conducted on applicants and household members.

The inspector explains which individuals living or working in an operation require an FBI fingerprint check, and that certain criminal convictions and Central Registry findings preclude applicants from getting a permit.

Texas Family Code §264.8521

Human Resources Code §42.056

26 TAC §§745.605745.609

 

3213.4 Payment of Fees

February 2020

During the pre-application interview, the inspector:

  1. explains the requirements for paying fees during the application period; and
  2. instructs the applicant that upon receipt of the Application Fee Invoice to pay the fee either:
    1. online through the provider’s Child Care Licensing account; or
    2. by mail with a cashier’s check, corporate check, money order or certified check, with the bottom portion of the invoice, to HHSC Accounts Receivable.

See also 5211 Exemptions From Fees

Texas Human Resources Code §42.054

26 TAC §745.517

 

3213.5 Liability Insurance

July 2021

During the pre-application interview for a prospective licensed, registered or listed operation, the inspector informs the applicant or the applicant’s governing body designee of the following requirements related to liability insurance:

  • the coverage required and exceptions for not having liability insurance;
  • if the operation does not have or stops carrying liability insurance:
    • how and when the operation must notify parents; and
    • failure to provide this notification will result in an administrative penalty;
  • the operation must verify liability insurance coverage with CCR annually by the anniversary date of the initial license (licensed operations) or full permit (registered or listed operations);
  • how the annual verification of liability insurance may be completed; and
  • the operation must provide documentation of liability insurance coverage from the insurance company:
    • with the application; and
    • annually by the anniversary date of the initial license (licensed operations) or full permit (registered and listed operations).

See also 4600 Evaluating Compliance with Liability Insurance Requirements

Texas Human Resources Code §§42.04942.0495

26 TAC §§745.249745.251745.253

 

3213.6 Additional Information

July 2021

See "Additional Information, Forms, and Materials for Pre-Application Interview" on the CCR SharePoint site.

 

3214 Handling Original Certificates of Completion

August 2020

Procedure

After completion of the pre-application interview, the inspector provides the applicant with a certificate of completion.

 

3220 Reviewing and Accepting the Application for a Permit

September 2015

The inspector must:

  • determine whether the applicant is eligible to apply;
  • review and process the application in a timely manner; and
  • notify the applicant in writing of acceptance of the application and, if necessary, the reason for any delays.

 

3221 Time Frame for Reviewing and Making a Decision on the Application

April 2022

Procedure

Within 21 days of receiving the application for a license, certificate, registration, or listing, and within 10 days of receiving the application for a compliance certificate, the inspector notifies the applicant in writing that:

  • the application is complete and accepted by mailing CLASS Letter 2875 App Received and Accepted;
  • the application is incomplete;
  • the applicant is ineligible to apply for a permit;
  • there is good cause to delay the time frame for making a determination on the application; or
  • CCR recommends withdrawal of the application.

Texas Human Resources Code §42.046

26 TAC §745.301

Military Member, Military Spouse or Military Veteran

The inspector processes an application for a military member, military spouse or military veteran as soon as possible within the required time frame. To determine whether an applicant qualifies under one of these categories, follow the requirements related to administrator licensing in 9310 Additional Required Documentation if the Applicant is a Military Member, Military Spouse or Military Veteran Requesting Expedited Licensure or Special Considerations.

See also:

3221.1 Good Cause to Exceed the Time Frame

3222 How to Determine Whether the Applicant Is Eligible to Apply

3223 Evaluating an Application for Completeness

3225 Returning an Application

3226 When to Delay a Decision on an Application

3230 Withdrawal of an Application for a Permit

 

3221.1 Good Cause to Exceed the Time Frame

September 2015

CCR may have good cause to exceed its time frame for processing an application if:

  • there are at least 15% more applications being processed than in the same quarter of the previous year;
  • the delay is caused by another public or private entity that must be relied on to process all or part of the applications received;
  • the operation is the subject of a pending investigation; or
  • other conditions exist that give good cause for exceeding the time frames.

See 3226 When to Delay a Decision on an Application.

26 TAC §745.327

 

3222 How to Determine Whether the Applicant Is Eligible to Apply

May 2021

To determine whether an applicant is qualified to apply for a license, certificate, registration, or listing permit, see the circumstances and actions described in the following table:

If … Then …
Child Care Regulation (CCR) revoked a permit or denied a permit for a substantive reason… the applicant is not eligible to reapply for five years from the date the denial or revocation became final.
CCR returned the application for the third time as incomplete within the past year … the applicant may not reapply for one year from the date the third application was returned as incomplete.
CCR sustained the applicant as a controlling person within the previous five years… the person is ineligible to apply for a permit because of an adverse action that was sustained during the previous five years.
the applicant was a permit holder or controlling person who had a permit denied, revoked, suspended, or terminated by a state health and human services agency in the last 10 years… depending on the circumstances that led to the previous denial, suspension, revocation, or termination, the applicant may not be eligible to apply.
the applicant is seeking a permit for a day care home and is younger than 18 years of age (if a listing permit) or 21 years of age (if a registration or license) and will not meet the age requirement within the time frame noted in 3221 Time Frame for Reviewing and Making a Decision on the Application. the applicant is ineligible to apply.

26 TAC §§745.303745.403745.911

Texas Human Resources Code §42.072

Texas Government Code, Chapter 531, Subchapter W

Procedure

Global Person Search and Review of Other Electronic and Hard Copy Records

CCR staff conducts a Global Person Search in CLASS to verify information submitted in the application packet. Staff also reviews electronic records maintained on the CCR Digital SharePoint site and, if available, hard copy records maintained in CCR offices.

The review of information must go back five years from the effective date of the application. Staff must use available information, such as a Certificate of Formation and other documentation, to cross-check the names of an entity given on the application.

If the review of records reflects that the applicant is not prohibited from obtaining a license, certificate, registration or listing permit, CCR staff document it in the operation’s record.

If the review of records reflects that the applicant is not eligible to apply for a permit, staff does not accept the application. Staff informs the applicant in writing of his or her ineligibility by generating a letter in CLASS using the HHSC letterhead.

If CCR staff detect any discrepancies between information entered on the application and supporting forms, CCR staff follow procedures in 3223.1 If the Application is Incomplete or Contains Errors.

Additional Global Person Searches for Applicants for a Residential Child Care Operation Who Intend to Care for Children in the Conservatorship of DFPS

In addition to the applicant, CCR staff conduct a Global Person Search in CLASS for each:

  • owner, including a sole proprietor or both partners in a partnership;
  • governing body member, as identified on Form 2819 Residential Child Care Licensing Governing Body/Administrator or Executive Director Designation or submitted through the provider’s online Child Care Licensing Account; and
  • controlling person, as identified on CLASS Form 2860 Controlling Person - Child Care Licensing or submitted through the provider’s online Child Care Licensing Account.

Adverse Action Record Sharing (AARS) Search

During the application process, staff conduct a search of the AARS system to determine if any controlling person associated with the application had a permit denied, revoked, suspended, or terminated by a state health and human services agency in the last 10 years.

See:

1500 Conducting a Search in CLASS

5431  Processing Information on a Controlling Person During the Application Process

5441  Searching for a Controlling Person in the AARS System and Documenting the Results

 

3223 Evaluating an Application for Completeness

October 2019

Procedure

The CCR staff review the information supplied on one of the following application forms for completeness:

  • Form 2841 Small Employer-Based Child Care or Temporary Shelter Child Care Facility Application
  • Form 2910 Application for a License or Certification to Operate a Child Day Care Facility
  • Form 2919 Request for a Registration Permit
  • Form 2960 Application for a License to Operate a Residential Child Care Facility
  • Form 2986 Listing Permit Request

For information about what a complete application consists of, see Required Application Materials on the CCR SharePoint site.

For Residential Child Care Regulation

If an application is received from a foster home that receives children only through the Interstate Compact on the Placement of Children (ICPC), the CCR inspector forwards the application to the Child Protective Services division of the Department of Family and Protective Services for verification.

See also:

3140 Public Notice and Hearing Requirements for Residential Child Care Regulation

3223.1 If the Application is Incomplete or Contains Errors

3230 Withdrawal of an Application for a Permit

3321 Denial of an Application or Amendment for Failure to Comply with Public Notice and Hearing Rules

3225 Returning an Application

Instructions for Completing Form 2960, Attachment C

 

3223.1 If the Application is Incomplete or Contains Errors

May 2021

The inspector does not accept applications that contain errors or are incomplete. In reviewing the application for acceptance, the inspector attempts to contact the applicant regarding minor errors or omissions.

Procedure

Applications for a Day Care Operation: CCR staff and applicants for a day care operation communicate about incomplete applications through face-to-face contacts, telephone calls, emails or text messages. Through these communication methods, the applicant may authorize the inspector to change or make additions to an incomplete application. The inspector dates and initials any changes on the application.

If the inspector is unable to contact the applicant or if the omissions require extensive work by the applicant, see 3225.1 Returning an Application for the First or Second Time.

Applications for a Residential Child Care Operation: CCR staff and applicants for a residential operation communicate through face-to-face meetings, telephone calls and/or emails.

When CCR staff receives a text message from an applicant, the inspector:

  • responds to the applicant through face-to-face, phone or email;
  • documents the communication as a Chronology in CLASS; and
  • saves any email or electronic information to the CCR Digital Storage SharePoint site.

Depending on the extent of the errors or missing information, the inspector either:

  • makes the necessary changes after speaking to the applicant; or
  • returns the application and requests that the applicant make the changes and resubmit the application.

26 TAC §745.301

Texas Human Resources Code §42.047

See: 1310 Content and Organization of Child Care Regulation Records

Appendix 1000-1 Organizing Child Care Regulation Records

 

3223.11 Providing Technical Assistance When an Application is Incomplete or Contains Errors

May 2021

The inspector provides technical assistance to the applicant each time the application is returned. Technical assistance includes setting a time limit for when the application must be resubmitted.

 

3223.2 Determining if the Governing Body on the Application is Accurate

May 2020

If the inspector suspects the applicant made an error in noting the type of governing body for the operation, then the inspector consults with his or her supervisor. The inspector and supervisor consult with Legal, if needed. If staff determine that the applicant made an error in choosing the type of governing body, the inspector follows 3223.1, If the Application is Incomplete or Contains Errors. Once the inspector determines the correct governing body type, the inspector enters the Type of Governing Body on the Governing Body Designation page in CLASS.

If an operation’s governing body may have changed to another type of entity, the inspector consults with his or her supervisor and, if needed, Legal, to determine if a change in ownership occurred (see 3833 Change of Ownership).

 

3223.3 Additional Requirements for Certain General Residential Operation Applications

July 2021

When CCR receives an application for a permit to operate a general residential operation that intends to provide treatment to children with emotional disorders, the inspector reviews the application materials as soon as possible. If Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, General Residential Operations - Additional Operational Plan, was not submitted with the application, the inspector:

  • calls the applicant;
  • provides the applicant a copy of Form 2960, Attachment C; and
  • requests the applicant submit a completed Form 2960, Attachment C, within five days.

An application for a general residential operation that intends to provide treatment services to children with emotional disorders is considered complete after the inspector has:

  • reviewed all application materials for completeness;
  • ensured that policies required to be submitted with the application comply with minimum standards; and
  • documented the approval of the operational plan submitted on Form 2960, Attachment C, General Residential Operations – Additional Operational Plan.

 

3223.31 Reviewing the GRO Operational Plan

July 2021

The inspector reviews Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, to determine if the operational plan is adequate or whether to recommend changes to the plan that may improve the operation’s relationship with the community where the GRO will be located.

The inspector discusses concerns with the applicant, returns the application and requests changes be made if the inspector:

  • has concerns with the applicant’s operational plan;
  • has recommended changes to the operational plan that could improve the operation’s relationship with the community where the operation will be located; or
  • the policies submitted with the application do not comply with minimum standards.

The inspector’s discussion with the applicant includes:

  • the nature of the changes needed;
  • a date by which the applicant must resubmit the application materials;
  • informing the applicant that CCR must approve the operational plan before approving the application and before the operation can schedule the public hearing; and
  • a description of any other application materials that the applicant must resubmit.

If the applicant is unable or unwilling to provide an acceptable operational plan, the inspector:

  • staffs the issue with the supervisor at least five days before the date the inspector must return the application; and
  • documents the staffing in a CLASS chronology entry (type Application).

 

3223.32 Documenting the Approved GRO Operational Plan for Applicants

July 2021

After determining that the operational plan documented on Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, General Residential Operations – Additional Operational Plan, is adequate and before accepting the application, the inspector:

  • documents approval of the operational plan in CLASS as a chronology entry (type Application); and
  • uploads Form 2960, Attachment C to the CCR SharePoint site as outlined in 1310 Content and Organization of Child Care Regulation Records.

 

3224 Accepting the Application

February 2020

The inspector accepts the application when:

  • the application is determined to be complete (see the Required Application Materials document on the CCR SharePoint site);
  • the pre-application interview has been completed, if required;
  • payment of the application fee has been verified; and
  • the materials submitted show compliance with relevant statutes, rules and minimum standards.

Procedure

The inspector sends CLASS Letter 2875 App Received and Accepted to the applicant stating that the application is complete and accepted.

26 TAC §§745.215745.243745.301745.503

See:

3121.1 Documenting Fee Exemptions in CLASS

5211 Exemption from Fees

5240 Verification of Fee Payments

 

3225 Returning an Application

February 2020

The inspector returns an application if:

  • some of the required materials have not been submitted;
  • some of the materials are not filled out completely; or
  • the inspector cannot verify that the operation has paid the application fee.

See 5240 Verification of Fee Payments.

 

3225.1 Returning an Application for the First or Second Time

August 2020

If the application is incomplete, staff notifies the applicant by mailing CLASS letter 2870 App Return (First or Second). The notification letter must explain what information is needed to complete it and a time frame by which to resubmit the corrected application materials.

Once a subsequent application is received, staff has 21 days from the second receipt date of an application for a license, certificate, registration, or listing and 10 days from the second receipt date of an application for a compliance certificate to:

  • review the revised application materials;
  • send written notice acknowledging the application is complete and accepted or that the application is incomplete with an explanation of what information is needed and a time frame to complete it; and
  • verify that the operation has paid the application fee if verification was not done previously.

For an operating applicant, staff follows up to ensure that:

  • the application is resubmitted; or
  • care for children is discontinued.

See Job Aid, How to Return an Application, on the CCR SharePoint site, especially for information concerning e-applications or when an applicant has not been responsive to CRR's attempts to contact the applicant.

See also:

3223.1 If the Application is Incomplete or Contains Errors

CLASS Online Help: Record an Application Decision

 

3225.2 Handling Applications Returned for the Third Time in a Year

September 2015

If three applications are returned within a period of one year because they are incomplete or contain errors, an applicant may not reapply until one year from the date the last application was returned as incomplete. This applies to applications for a license, certificate, registration, and listing permits.

26 TAC §745.303

Procedure

When an application is returned for the third time as incomplete, the inspector:

  • sends CLASS Letter 2887 App Return (Final) to the applicant stating that HHSC rules prohibit applying for a license, certificate, registration, or listing permit for one year from the date a third application was returned as incomplete; and
  • includes in the notification the earliest date on which the individual may reapply for a license, certificate, registration, or listing permit.

See also:

3230 Withdrawal of an Application for a Permit

CLASS Online Help: Recording an Application Decision

 

3226 When to Delay a Decision on an Application

September 2015

Procedure

The inspector delays a decision on an application in the following situations:

  • The operation is being investigated because of a report alleging violations of statutes, administrative rules, minimum standards, or abuse or neglect. The inspector must not accept the application until the investigation is complete.

26 TAC §745.327

  • A background check match has been received, and the match is still being investigated for an applicant or non-client household member.
  • The applicant is seeking a permit for a day care home and is younger than 18 years of age (if a listing permit) or 21 years of age (if a registration or license), but will meet the age requirement within the time frame noted in 3221 Time Frame for Reviewing and Making a Decision on the Application.

When there is a delay in making a decision on an application, the inspector notifies the applicant via phone, email, or regular mail and documents the correspondence in CLASS chronology.

 

3226.1 Reasons to Delay a Decision Specific to Residential Child Care Applications

September 2015

The inspector determines whether the applicant:

  • has had a residential child care operation permit revoked in another state; or
  • is barred from operating a residential child care operation in another state.

This is accomplished by reviewing:

  • Form 2960 Application for a License to Operate a Residential Child Care Facility; or
  • Form 2982 Personal History Statement.
  • If the inspector’s review of the information from the other state is not complete, the inspector delays a decision on an application.

If the information provided by the applicant shows that the revocation or bar from operating in another state may have taken place for reasons similar to those for which CCR would take adverse action, the inspector researches the out-of-state history.

The inspector documents the review in CLASS by selecting the checkbox for the Out-of-State RC Revocation or Bar indicator on the Application/Closure page in CLASS, and enters additional information in the CLASS chronology.

The inspector or supervisor takes one or more of the following actions:

  • If more information is needed, the inspector discusses the reasons for the action with the applicant.
  • The inspector contacts the authority in the state where the action took place to obtain additional information.
  • If adverse action is recommended, the inspector consults with the supervisor, and the supervisor consults with a CCR attorney. The CCR attorney may need to review the appropriate state’s regulatory structure to validate a negative compliance history.
  • If denial of the residential license is recommended, the inspector denies the person a permit according to procedures in 7600 Adverse Actions. The inspector documents the reason for denial in the Corrective and Adverse Action History page in CLASS as a Denial Due to Out-of-State History.
  • If the review of the out-of-state history exceeds the time frame required under 3220 Reviewing and Accepting the Application for a Permit, the inspector obtains approval from the supervisor and documents it in the CLASS chronology.

Texas Human Resources Code §42.046(e)

26 TAC §745.8605

When there is a delay in making a decision on an application, the inspector notifies the applicant via phone, email, or regular mail and documents the correspondence in CLASS chronology.

 

3230 Withdrawal of an Application for a Permit

 

3231 Withdrawal of an Application for an Operation that is Not Providing Care

October 2019

An applicant who is not providing care may withdraw his or her application if the operation:

  • has no plans to open;
  • has decided to apply for a different type of permit;
  • needs additional time to comply with law, administrative rules, or minimum standards (the applicant may reapply when ready to proceed); or
  • submitted a background check for a person who has an unsustained Central Registry finding that would be eligible for a risk evaluation if sustained, and the CBCU indicates that a risk evaluation would likely not be approved. See 3312 Conducting Background Checks.

Procedure

When a request to withdraw an application is received from an applicant who is not providing care, the inspector confirms the request in writing on CLASS Form 2802 Application Withdrawal Letter.

The application fee cannot be refunded, but the initial license fee is refunded if already paid. If the applicant reapplies within 30 days, a new application fee is not necessary.

See also:

5270 Fee Refund Guidelines

7600 Adverse Actions

CLASS Online Help: Recording an Application Decision; Close an Operation

26 TAC §§745.349745.401

 

3231.1 Basis to Deny a Permit for an Unsustained Central Registry Finding

September 2015

Unless the applicant withdraws the application, the inspector must deny the applicant a permit if:

  • a Central Registry search returns an unsustained finding that would be eligible for a risk evaluation if sustained; and
  • the CBCU indicates that a risk evaluation would likely not be approved.

See 10470 Obtaining a Risk Evaluation Prediction for Applicants for a Permit.

 

3232 Withdrawal of an Application for an Operation that is Providing Care

June 2016

The inspector may advise an applicant who is providing care to withdraw the application and cease operating if:

  • the time frame for acceptance of an application or the time frame for issuance cannot be met because the applicant does not meet the requirements for acceptance or issuance; and
  • there is not good cause to exceed the time frame.

See:

3221.1 Good Cause to Exceed the Time Frame

3411 Good Cause to Exceed the Time Frame

 

3232.1 Basis to Deny a Permit

June 2016

If the applicant does not withdraw the application and does not stop operating, the inspector must deny the applicant a permit based on the applicant’s failure to comply with minimum standards, administrative rules, or the licensing statute.

Procedure

If the inspector denies the applicant a permit, the inspector notifies the applicant that he or she must stop operating and may appeal the decision. The inspector conducts a follow-up inspection to ensure the operation is no longer providing care.

See:

4123 Follow-Up Inspections

7600 Adverse Actions

7730 Due Process Hearings

CLASS Online Help: Record an Application Decision and Close an Operation

26 TAC §§746.3401746.5101747.3201747.4015747.4901