CCR may take remedial action against an administrator’s license when the administrator or applicant:
- violates a term under HRC Chapter 43 or a Licensing rule;
- circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a Licensing rule;
- engages in fraud or deceit related to a requirement in HRC Chapter 43 or a Licensing rule;
- provides false or misleading information to Licensing during the application or renewal process for an administrator’s license;
- 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;
- 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;
- uses drugs or alcohol in a manner that jeopardizes the administrator’s or applicant’s ability to function as an administrator;
- performs duties as a licensed administrator in a negligent manner; or
- is ineligible to be a controlling person at a child care operation.
5411.1 Persons Who Are Ineligible to Be a Controlling Person
7730 Due Process Hearings
10240 Acting on Abuse or Neglect Findings in the DFPS Central Registry
10310 Acting on the Results of a Criminal History Check
26 TAC §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.
9710 Types of Actions on an Administrator’s License
The six types of remedial action defined in §745.9031 of the Texas Administrative Code, are as follows:
Reprimand – Licensing staff send a letter of reprimand. The letter must include the contents listed in §745.9033 of the Texas Administrative Code. Further disciplinary actions may result from future violations.
Probation – Licensing imposes probation for a specific period of time. Licensing may impose conditions on a term of probation. Licensing may require the licensed administrator to report to Licensing regularly about the conditions of his or her probation. Licensing may place a licensed administrator on probation only once during a two-year renewal period. Licensing may suspend or revoke the license if the conditions of the probation are not met.
Refusal to Renew License – Licensing 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 – Licensing suspends an administrator’s license for a specified period of time. Licensing may require corrective action during the suspension period. Licensing may revoke the license if the person does not complete the corrective actions required as part of the suspension.
Revocation – Licensing revokes an administrator’s license. The person may not apply for another administrator’s license for five years.
License Denial – Licensing denies an administrator’s license.
9720 Choosing a Remedial Action for an Administrator’s License
In general, Licensing 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 Licensing staff revoke an administrator’s license based on another Licensing action, Licensing will take both actions simultaneously. If the administrator and the operation each request an administrative review, then Licensing may combine them into one review. The review may also include Licensing’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 Licensing’s revocation of the administrator’s license before SOAH and may do so in one hearing. If Licensing 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, Licensing staff must submit a data fix to remove the revocation code from the database.
26 Texas Administrative Code §745.9037