3900, Permit Renewal

3910 Overview of Permit Renewals

 

3911 Operations Subject to Permit Renewal

July 2018

A full license, certificate, and registration will expire if it is not renewed.

Permit renewal requirements do not apply to listed family homes, temporary shelter programs, and small employer-based child care operations.

40 TAC §745.471

Human Resources Code §§42.04842.05042.052

 

3912 When an Operation’s Permit Renewal is Due

July 2018

An operation that is subject to permit renewal must renew its permit on the second anniversary of the issuance of the full permit and every two years thereafter.

For operations that received a permit before December 1, 2017, the renewal schedule is as follows:

If an operation received its full permit before 12/01/17 and… The operation’s first renewal is due on… Subsequent renewals are due…
the full permit was issued in an even numbered year the full permit’s anniversary date in 2018 every two years thereafter
the full permit was issued in an odd numbered year the full permit’s anniversary date in 2019 every two years thereafter

40 TAC §745.473

 

3913 Definitions of Renewal Period and Late Renewal Period

July 2018

The “renewal period” is the period beginning 60 days before the full permit’s anniversary date and ending on the anniversary date, which occurs in the year the operation must renew its permit. An operation may not submit a renewal application before the renewal period begins.

The “late renewal period” is the 30-day period after the renewal period ends. A renewal application submitted during the late renewal period is considered a late renewal application. An operation must submit a renewal application by the end of the late renewal period to avoid expiration of its permit.

40 TAC §745.473

 

3920 Permit Renewal Application Process

 

3921 Notifying the Operation and Sending the Permit Renewal Application

July 2018

At the beginning of an operation’s renewal period, Licensing notifies the operation that the operation’s permit renewal is coming due.

Procedure

Operation Has Contact Email Address

If the operation’s contact email address is listed in CLASS, CLASS sends a system-generated email to the operation that includes the notification and instructions for submitting a renewal application online. CLASS sends a copy of this notice to the inspector.

Operation Does Not Have Contact Email Address

For operations that do not have a contact email address listed in CLASS, Licensing staff must generate a copy of the notification letter and pre-populated renewal application on the Permit Renewal page in CLASS and mail to the operation by the beginning of the operation’s renewal period.

 

3922 How an Operation Submits a Permit Renewal Application

July 2018

Procedure

An operation may submit a permit renewal application online through the provider's online Child Care Licensing Account or mail a paper renewal application.

If an operation received a system-generated email with instructions for completing the permit renewal application online, but prefers to submit a paper application, the Licensing inspector:

  • selects the Provider Requests Paper check box on the Permit Renewal page in CLASS;
  • generates the notification letter and pre-populated renewal application on the Permit Renewal page; and
  • prints and mails the letter and renewal application to the operation.

 

3923 Time Frames for Reviewing a Permit Renewal Application

July 2018

The Licensing inspector has 15 days from the date Licensing receives the renewal application to:

  1. review the renewal application for completeness;
  2. verify the operation has paid all fees and administrative penalties in the past two years; and
  3. either renew the operation’s permit or reject the renewal application.

40 Texas Administrative Code §§745.475745.477

 

3924 Reviewing the Permit Renewal Application

August 2019

A completed renewal application includes:

  • verification that the following information about the operation is current and accurate;
  • basic information, including mailing address, business phone, email address, hours and days of operation, and services provided;
  • a list of controlling persons;
  • a list of the governing body’s members (not applicable for registered child care homes;
  • documentation of whether the operation continues to need any existing waivers and variances;
  • verification that the operation is complying with background check requirements, including that the validation of the operation's Employee List is not overdue; and
  • verification that the operation does not have any overdue fee or administrative penalty payments.

26 Texas Administrative Code §§745.475745.477745.651

 

3924.1 Reviewing a Paper Permit Renewal Application

August 2019

Procedure

In CLASS, the Licensing inspector:

  1. indicates “paper submission” under the Current Permit Renewal section on the Permit Renewal page;
  2. enters the date the application was received on the Permit Renewal Application Details page; and
  3. reviews each section of the application.

The inspector then completes the tasks below on the Permit Renewal Application Details page.

Operation Details

The inspector indicates whether the operation made any updates to the operation’s information. If the operation made any updates, the inspector also updates the operation’s information in the applicable page in CLASS.

Controlling Person Details

The inspector indicates whether the operation added any controlling persons or ended any controlling person’s association with the operation. If the operation added controlling persons, the inspector indicates whether the operation submitted the addition on Form 2760, Controlling Person – Child Care Regulation, or through the provider’s online account. The inspector follows the policies in 5400 Controlling Person to end-date or add a controlling person to CLASS.

Governing Body Details (Not Applicable to Registered Child Care Homes)

The inspector indicates whether the operation has any vacant positions in the governing body or has made any changes to the governing body. If the operation made changes to the governing body, the inspector indicates whether the operation submitted the changes on Form 2911, Child Care Licensing Governing Body/Director Designation, or Form 2819, Residential Child Care Licensing Governing Body/Administrator or Executive Director Designation, or through the operation’s online account. The inspector follows the policies in 3213.1 Governing Body and Licensing Responsibilities and makes the appropriate updates in CLASS.

Waiver/Variance Details

The inspector indicates whether the operation no longer needs a waiver or variance or needs to submit a new request for an expired waiver or variance. If the operation needs to submit a new request for an expired waiver or variance, the inspector indicates whether the operation submitted the request on Form 2937, Child Care Regulation Waiver/Variance Request, or through the operation’s online account. The inspector follows the policies in 5100 Waivers and Variances to process the request.

The inspector must verify that the operation took action on each expired waiver or variance request.

Background Check Details

The inspector indicates whether the operation certified that the operation has:

  • submitted background checks on all persons as required by 26 TAC Chapter 745, Subchapter F; and
  • validated the Employee List in accordance with rules.

Fees Details

The Licensing inspector indicates whether all fees and administrative penalties for the past two years are paid. The inspector follows the policy in 3924.3 Verifying Fee and Administrative Penalty Payments.

26 TAC §745.475745.651

 

3924.2 Reviewing a Permit Renewal Application Submitted Online

July 2018

Procedure

The Licensing inspector indicates whether all fees and administrative penalties for the past two years are paid on the Permit Renewal Application Detail page in CLASS. The Licensing inspector follows the policy in 3924.3 Verifying Fee and Administrative Penalty Payments.

 

3924.3 Verifying Fee and Administrative Penalty Payments

February 2020

Procedure

The Licensing inspector reviews the operation’s Invoice and Payment Summary page in CLASS and verifies that the operation does not have any overdue fee or administrative penalty payments. The inspector may need to contact the operation to verify fee payments or search for unlinked payments on the Verify Payments page in CLASS.

The inspector then indicates if any fees or administrative penalties are overdue on the Permit Renewal Application Details page in CLASS. An administrative penalty is not overdue until 30 days past:

  • the date the order was sent; or
  • the date the court upheld the penalty.

If one or more fees or administrative penalties are overdue, the inspector adds each fee or penalty separately. For each fee or penalty that is overdue, the inspector documents:

  1. the type of fee or penalty that is overdue (annual, background check, or administrative penalty);
  2. the amount that is overdue;
  3. the year the fee was due for annual fees; and
  4. the invoice number for the penalty.

If the inspector is able to verify a payment after adding the fee or penalty to the Permit Renewal Application Details page, the inspector may delete the row.

See 5240 Verification of Fee Payments

 

3924.4 Working with the Operation to Complete the Renewal Application

July 2018

Procedure

Before rejecting the renewal application, the Licensing inspector must assist the operation in completing the renewal application if:

  1. the inspector has any questions about the operation’s responses on the renewal application;
  2. the provider has not fully completed the paper renewal application; or
  3. the inspector needs to verify fee payments.

 

3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations

July 2021

The commissioner’s court of a county where a general residential operation providing treatment services for children with emotional disorders is located may request that CCR hold a hearing before renewing the operation’s permit. The purpose of the hearing is to provide the public with a reasonable opportunity to speak on any issue related to renewal of the GRO’s permit.

Procedure

When the commissioner’s court requests a hearing related to the renewal of a permit for a GRO providing treatment services to children with emotional disorders, CCR staff are responsible for scheduling, providing notice of and facilitating the hearing. The GRO that submitted the renewal application is required to attend the hearing.

Hearing Notice

CCR staff create a hearing notice that includes the following information:

  1. The name, address and phone number of the CCR representative who will facilitate the hearing;
  2. The name and address of the GRO that submitted the renewal application;
  3. The date, time and location of the hearing;
  4. A description of the population that the GRO currently serves, the services provided (except for the provision of trafficking victim services), the number of children that the operation is currently licensed to serve, and the number of children the operation is currently serving; and
  5. A statement that the public hearing is for CCR to receive public comments regarding the renewal of the GRO’s license.

Ten days prior to the scheduled hearing, the inspector:

  • sends the notice to the commissioner’s court;
  • sends the notice to the GRO that submitted the renewal application; and
  • posts a notice of the hearing on the CCR public website.

Conducting the Hearing

CCR provides the written hearing procedures to the public with a reasonable opportunity to offer public comments on any issues related to the renewal of the GRO’s license, including how the hearing will be conducted, order of witnesses and the conduct of participants at the hearing.

26 TAC §§745.475745.477745.487745.489

 

3925 Accepting a Completed Renewal Application

July 2018

Procedure

The Licensing inspector accepts the renewal application and renews the permit when the renewal application is complete. When submitted online, the renewal application is complete when no fees or penalties are overdue. For a paper renewal application, it is complete when no fees or penalties are overdue and the operation has completed all fields in the application and submitted all accompanying forms, whether in paper format or online.

The inspector renews the operation’s permit by sending the operation CLASS Form Permit Renewal Issuance Notification, which the operation must then post next to its permit.

40 Texas Administrative Code §745.479

 

3926 Rejecting a Renewal Application

July 2018

If the permit renewal application is incomplete or the operation has overdue fees or administrative penalty payments, the licensing inspector rejects the renewal application when:

  • the provider does not respond to phone calls or emails regarding the renewal application; and
  • a supervisor or program administrator has approved the decision to reject the renewal application.

Procedure

The Permit Renewal Application Details page displays system-generated reasons for rejecting the renewal application. The Licensing inspector may also document rejection reasons or provide further explanation in the Rejection Reasons narrative box on the Permit Renewal Application Details page.

The Licensing inspector rejects the permit renewal application by selecting Proceed to Reject on the Permit Renewal Application Details page.

 

3926.1 Notifying the Operation of Rejecting the Permit Renewal Application During the Renewal Period

July 2018

Procedure

If the operation submitted the renewal application during the renewal period, the Licensing inspector sends the CLASS Form Permit Renewal Application Rejection Notification to the operation. The notification includes a list of reasons why the permit renewal application was rejected and contains instructions and deadlines for resubmitting the permit renewal application.

Operation Has Contact Email Address

If the operation has a contact email address in CLASS and has not indicated a preference for a paper renewal application, CLASS will automatically generate and send the notification to the operation.

Operation Does Not Have Contact Email Address

If the operation does not have a contact email address in CLASS or has indicated a preference for a paper renewal application, the inspector prints and mails the rejection letter (which includes a new renewal application) to the operation.

 

3926.2 Notifying the Operation of Rejecting the Permit Renewal Application During the Late Renewal Period

July 2018

Procedure

If the operation submitted the renewal application during the late renewal period, the Licensing inspector sends the CLASS Form Final Permit Renewal Application Rejection Notification (which includes a new renewal application) to the operation. The notification includes a list of reasons why Licensing rejected the permit renewal application, and:

  • instructions and deadlines for resubmitting the permit renewal application, if the operation is eligible to submit another renewal application; or
  • a statement that the operation is not eligible to submit another renewal application.

Operation Has Contact Email Address

If the operation has a contact email address in CLASS and has not indicated a preference for a paper renewal application, CLASS will automatically generate and send the notification to the operation.

Operation Does Not Have Contact Email Address

If the operation does not have a contact email address in CLASS or has indicated a preference for a paper renewal application, the inspector prints and mails the rejection letter to the operation.

 

3930 Expiration of a Permit

July 2018

There are three ways a permit can expire:

  1. The operation does not submit a permit renewal application by the end of the late renewal period.
  2. Licensing rejects a permit renewal application that the operation submitted during the renewal period, and the operation does not submit another renewal application by the end of the late renewal period.
  3. Licensing rejects a permit renewal application that the operation submitted during the late renewal period, and the operation does not submit a complete renewal application within 15 days after the date of rejection.

40 TAC §745.481

Procedure

The CLASS will identify any operation that meets one of the conditions for expiration of the permit.

Within five days of receiving the To-Do notification that an operation meets the conditions for expiration, the inspector must either work with the operation to accept the renewal application or expire the permit.

To expire the permit of an operation that meets one of the conditions for expiration, the Licensing inspector must:

  1. obtain supervisory approval to expire the permit;
  2. document the reason for the expiration, the name of the supervisor who approved the expiration, and the date of the approval in the Comments narrative box in the Expire Permit section on the Permit Renewal page;
  3. select Proceed to Expire Permit;
  4. print and sends the CLASS Form Permit Expiration Notification to the operation via certified mail; and
  5. set the Operating Status to “No” on the operation’s main page in CLASS and enter the date the permit was expired as the Effective Date.

A supervisor may provide approval for the inspector to exceed the five-day time frame. Natural disasters or other issues beyond the operation’s control that may have interrupted mail services or otherwise prevented the operation’s ability to meet the deadline should be considered before expiring the operation’s permit.

The inspector documents the supervisor’s approval to exceed the five-day time frame in a Chronology (type Renewal). Documentation must include the supervisor’s full name and date of approval.

 

3931 Closing the Operation Due to Expiration of the Permit

July 2018

Procedure

Within 15 days of expiring the permit and sending the CLASS Form Permit Expiration Letter, the Licensing inspector conducts an inspection to verify the operation no longer cares for children. If the operation is caring for children, the inspector generates a new illegal operation investigation to ensure the operation closes or becomes permitted. The inspector or staff assigned to the operation then closes the operation in CLASS and follows the procedures in 6560 Investigations of Illegal Operations.

After conducting an inspection, the inspector takes the following actions on the Application/Closure page in CLASS:

  • generates the CLASS Form 2865e, 2825 Vol Suspension/Relocation/Clsr Letter, selects the appropriate statement about expiration of a permit, and mails notification to the operation;
  • enters the current date in the Closure Date field; and
  • selects Permit Expired as the reason for the closure.

 

3932 When Operations are Ineligible for Grandfather Provisions if Ownership Changes

 

3932.1 Child Day Care

April 2010

If a child day care operation that was issued a permit before September 1, 2003, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 746 and 747.

Texas Human Resources Code §42.048(e)

 

3932.2 Residential Child Care

April 2010

If a residential child care operation that was issued a permit before January 1, 2007, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Chapters 748749, and 750 of the Texas Administrative Code.

Texas Human Resources Code §42.048(e)

 

3933 Steps to Process an Application

September 2012

Procedure

For licensed operations, see 3313.4 Evaluating Compliance to determine whether an initial or non-expiring license permit is needed.

The application is processed according to the procedures in 3200 Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing.

As with any new application, a new operation number will be issued.

See also:

6200 Assessing and Processing Intake Reports

CLASS Online Help:

Close an Operation

Receive a Day Care License Application