3700, Denial of an Application for a Permit and Reapplying After Denial or Revocation

3710 Denial Because of Failure to Comply With Minimum Standard Rules, Administrative Rules, or Law

April 2010

An application for a permit may be denied because the operation has failed to comply with minimum standard rules, administrative rules, or the law.

Procedure

The inspector denies the application according to procedure in 7600 Adverse Actions.

Texas Human Resources Code §42.072

 

3711 Denial Because of Background Information

September 2015

Central Registry, criminal history, or sustained controlling person background check results that involve an applicant, controlling person, or a non-client residing at the operation may require staff to deny a permit.

See:

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

3312 Conducting Background Checks

10250 Handling Unsustained Central Registry Findings

10260 Handling Sustained Central Registry Findings

10760 When to Deny or Revoke a Permit Based on Criminal History or Child Abuse or Neglect History

 

3712 Deficiency for Which Correction Will Exceed Application Time Frame

April 2010

Deficiency may be found during the on-site inspection that cannot be corrected during the application time period. This is not applicable to listed home permits.

 

3713 Compliance History Indicates Inability to Meet Minimum Standard Rules

April 2010

The applicant may have a history of deficiencies under previous permits that result in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.

 

3714 Failure to Meet the Requirements of Public Notice or Hearing Laws

April 2010

For residential licensing, the failure occurs when an applicant does not meet the requirements of public notice or hearing laws, including submitting the results of the public hearing.

Texas Human Resources Code §§42.07242.0461

 

3720 Application for a License, Certificate, Registration, or Listing is Received and a Past Denial or Revocation Exists

September 28, 2018

A person whose license, certificate, registration, or listing is denied or revoked is not eligible to apply for one of those permits before the fifth anniversary of the date on which the denial or revocation by HHSC or court order took effect, whichever is later.

Texas Human Resources Code §42.072

 

3721 Criteria for Acceptance of an Application

June 2016

Procedure

The inspector accepts a complete application from an operation that is not providing care if:

  • at least five years have passed since a previous denial or revocation took effect; and
  • the applicant is qualified to apply. See 3223 Evaluating an Application for Completeness.

 

3722 Requirement That the Operation Be Closed Pending Issuance

April 2010

Procedure

The inspector does not:

  • accept an application from an operation that is providing care; and
  • issue the permit if the operation begins providing care before issuance.

 

3723 Reimbursement for Publishing the Notice of Revocation

September 28, 2018

Procedure

If an application is submitted more than five years after the revocation of a permit, the applicant must submit verification that the cost of reimbursing HHSC for publishing the notice of revocation has been paid. See 7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit.

40 TAC §745.407

 

3724 Compliance History Indicates Inability to Meet Minimum Standard Rules

June 2016

Procedure

The applicant may have a history of deficiencies under previous permits that results in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.