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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 Evaluating Background Checks
10230 Acting on a Central Registry Background Check Match
10260 Handling Sustained Central Registry Findings
10750 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 §§42.072; 42.0461
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.