Revision 24-2; Effective May 22, 2024

CCR may take remedial action against an administrator’s license when the administrator or applicant:

  1. violates a term under HRC Chapter 43 or a rule adopted under that chapter;
  2. circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a rule adopted under that chapter;
  3. engages in fraud or deceit about a requirement in HRC Chapter 43 or a rule adopted under that chapter;
  4. provides false or misleading information to CCR during the application or renewal process for an administrator’s license;
  5. makes a statement about a material fact during the application or renewal process that the applicant or licensed administrator knows or should know is false;
  6. has a criminal history or central registry record that:
    • prohibits the administrator or applicant for an administrator’s license from working at a facility; or
    • is relevant to the duties of a licensed administrator that are specified in rule;
  7. uses drugs or alcohol in a way that jeopardizes the administrator’s or applicant’s ability to function as an administrator;
  8. performs duties as a licensed administrator in a negligent manner; or
  9. is ineligible to be a controlling person at a child care operation.

References:

Persons Who Are Ineligible to Be a Controlling Person, 5411.1
Due Process Hearings, 5700 
Acting on a Central Registry Background Check Match, 10230  
Acting on the Results of a Criminal History Check, 10310

HRC Section 43.010

26 TAC Sections 745.8929 and 745.9037

Limits on Serving as a Licensed Administrator During the Appeal Process (RCCR Only)

A person may not continue to serve as a licensed child care administrator or child-placing agency administrator during the appeal process if CCR has determined that the person is an immediate threat to the health or safety of a child. CCR must notify the person, and if applicable, the governing body of the operation that employs the person of the determination.

HRC Section 43.0106 

9710 Handling Attempts to Interfere by a Licensed Administrator or Applicant for an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

A licensed administrator or applicant for an administrator's license may not attempt to interfere with HHSC ability to conduct agency business.

Conduct that constitutes an attempt to interfere with HHSC ability to conducted agency business includes:

  • interfering with, coercing, threatening, intimidating, retaliating against or harassing an HHSC staff member in connection with the person's exercise of HHSC regulatory duties; or
  • engaging in conduct or directing language at HHSC staff that a reasonable person would find to be harassing, intimidating or threatening to HHSC staff.

26 TAC Sections 745.8411, 745.8929 and 745.8930 

Procedure

If a licensed administrator or applicant for an administrator’s license attempts to interfere with HHSC ability to conduct agency business, the CCR inspector and supervisor follow the procedures in 4159.1 Attempted Interference by a Licensed Administrator or Applicant for an Administrator’s License. Once the Licensed Administrator Program Specialist receives notification, the specialist: 

  1. reviews the documentation and evidence to assess whether the action supports referral to Child Care Enforcement for remedial action; 
  2. consults with the Director of Field Operations to discuss their assessment of the evidence;
  3. refers to Child Care Enforcement if a remedial action is necessary; and
  4. documents in a Chronology under the Licensed Administrator’s page in CLASS:
    1. the information received from the supervisor about the incident including the operation name, operation number and inspection number when the incident occurred;
    2. the evidence and documentation reviewed, the specialist’s assessment of the information and consultation with the Director of Field Operations; and
    3. if a referral was made to CCE for remedial action and the date of the referral.

The Licensed Administrator Program Specialist may consider a pattern of interference or attempted interference demonstrated by the licensed administrator or applicant when determining whether a referral to CCE is appropriate. The pattern of behavior must be supported by documentation.

See:

4159.1  Interference by a Licensed Administrator

Job Aid “Addressing Attempted Interference by a Licensed Administrator or Applicant for an Administrator’s License (RCCR Only)” available on CCR SharePoint site.

9720 Types of Actions on an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

The six types of remedial action defined in 26 TAC Section 745.9031 of the Texas Administrative Code, are as follows:

Reprimand – HHSC staff send a letter of reprimand. The letter must include the contents listed in 26 TAC Section 745.9033 of the Texas Administrative Code. Further disciplinary actions may result from future violations.

Probation – HHSC imposes probation for a specific period of time. HHSC may impose conditions on a term of probation. HHSC may require the licensed administrator to report to HHSC regularly about the conditions of his or her probation. HHSC may place a licensed administrator on probation only once during a two-year renewal period. HHSC may suspend or revoke the license if the conditions of the probation are not met.

Refusal to Renew License – HHSC does not renew an administrator’s license if the applicant is not in compliance with the laws or rules governing the license, even if the applicant otherwise qualifies for renewal.

Suspension – HHSC suspends an administrator’s license for a specified period of time. HHSC may require corrective action during the suspension period. HHSC may revoke the license if the person does not complete the corrective actions required as part of the suspension.

Revocation – HHSC revokes an administrator’s license. The person may not apply for another administrator’s license for five years.

License Denial – HHSC denies an administrator’s license. 

9730 Choosing a Remedial Action for an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

Procedure

In general, CCR staff consider the following factors when deciding which remedial action is most appropriate:

Letters of reprimand are most often used for minor rule violations, particularly if the violation is unintentional. Failure to obtain enough acceptable training hours is the most common reason for a letter of reprimand.

Letters of reprimand are written and sent manually, not automatically generated by CLASS.

Revocation most often occurs as the result of:

If HHSC staff revoke an administrator’s license based on another HHSC action, HHSC will take both actions simultaneously. If the administrator and the operation each request an administrative review, then HHSC may combine them into one review. The review may also include HHSC’s designation of the administrator as a controlling person, if applicable. If both actions are upheld at the administrative review level, then the HHSC attorney who defends the actions before SOAH will combine them.

DFPS does the administrative review for a finding of abuse, neglect or exploitation. However, if DFPS upholds the finding at the administrative review, and the administrator requests a due process hearing for the finding, an HHSC attorney will defend both the finding made by DFPS and HHSC’s revocation of the administrator’s license before SOAH and may do so in one hearing. If HHSC is also revoking the license of the operation that the administrator was responsible for, then the hearing may include that revocation along with the finding, the revocation of the administrator’s license, and the designation of the administrator as a controlling person, if applicable. The licensed administrator database does not distinguish between a person with a pending remedial action and a person with a finalized remedial action. If an intent to revoke is overturned, HHSC staff must submit a data fix to remove the revocation code from the database.

26 Texas Administrative Code Section 745.9037