May 2020
Appendix 3000-1 Notifying the Operation
May 2020
Use the following chart to determine whom to notify in the following situations:
| Situation | Director, Administrator, or Person in Charge | Applicant, Designee, or Permit Holder | Child Day Care Only: Head of Governing Body, such as CEO or Board Chair |
Controlling Person |
|---|---|---|---|---|
| Results of an inspection | Always | Always | If enforcement action imposed OR If requested on Form 2911 Child Care Licensing Governing Body/Director Designation |
|
| Receipt of a report of possible deficiency with minimum standard rules*
(verbal notification is acceptable) |
Always* | During the application or initial period OR If allegations are classified as P1 or P2 |
If allegations are classified as P1 or P2 OR If requested on Form 2911 Child Care Licensing Governing Body/Director Designation |
|
| Results of an investigation | Always | Always | If violations were classified as P1 or P2 OR If enforcement action imposed OR If requested on Form 2911 |
|
| Receipt of relevant criminal history (verbal notification is acceptable) | Always | Within 14 days, if this is the person responsible for hiring staff | ||
| Receipt of Central Registry match (verbal notification is acceptable) | Always | If this is the person responsible for hiring staff: Immediately, if presence of person presents a risk OR After release hearing is offered and refused OR After release hearing is held and findings upheld |
||
| Enforcement action taken against the operation | Always | Always | Always | Always |
* Child Care Regulation (CCR) staff must inform the applicant or permit holder of the nature of the allegations by the next workday following the first on-site investigation, unless there is reason to believe that the investigation may be compromised. If it appears the investigation may be compromised, CCR staff may postpone explaining the nature of the allegations. CCR staff must inform the appropriate persons of the nature of the allegations as soon as it is decided that our doing so will not compromise the investigation. See 40 TAC §745.8443.
Appendix 3000-2 Types of Governing Bodies
May 2020
The chart below lists the types of governing bodies that an applicant for a permit may be.
| Type of Governing Body | Definition |
|---|---|
| Association | A combination of individuals and interests of some kind without a tax-exempt status from the IRS. Not organized under the Texas Business Organizations Code. |
| Corporation | An intangible entity created by individuals to operate for profit but to limit individual liability. Organized according to the Texas Business Organizations Code or similar act of another state as evidenced by the corporation’s Certificate of Formation. |
| Limited Liability Company (LLC) | An entity organized and existing in accordance with the Texas Limited Liability Company Act. The secretary of state has authority over the formation and existence of LLCs. |
| Limited Liability Partnership | A partnership that registers with the secretary of state as a limited liability partnership as allowed in the Texas Revised Partnership Act. This status limits the range of a partner’s personal liability for the debts and obligations of the partnership. |
| Nonprofit Association with Religious Affiliation | A combination of individuals and interests of some kind, synonymous with society, with operations devoted to religious purposes. Not organized under the Texas Business Organizations Code. Operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relationship with a religious organization is only for business, such as those who only lease space. |
| Nonprofit Corporation | Equivalent of not for profit corporation. None of the income is distributed to members, directors, or officers. Organized under the Texas Business Organizations Code. |
| Nonprofit Corporation with Religious Affiliation | An entity with nonprofit corporation status operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relation with a religious organization is only for business, such as those who only lease space. |
| Nonprofit Association | A combination of individuals and interests of some kind, synonymous with society, with operations devoted to charitable, benevolent, religious, patriotic, or educational purposes, not organized under the Texas Business Organizations Code. |
| Partnership | A combination by contract of two or more people who use their money, labor, and skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed manner. Includes general and limited partnerships. |
| Political Subdivision | Includes any city, county, school district, junior college district, public health district and any political entity that is operated by and under the jurisdiction of a government unit that has distinct geographical barriers within the state of Texas, and is defined in part by its geographical area. |
| Sole Proprietorship | Personal ownership with the legal right and responsibility to possess, operate, sell and otherwise deal with the operation. A sole proprietorship is just one person. Before Feb. 1, 2004, a sole proprietorship could include an operation owned in common by a husband and wife. A license issued to a husband and wife as a sole proprietorship before Feb. 1, 2004, may remain as a sole proprietorship until revoked or surrendered. |
| State-operated | Operated by, under the direct jurisdiction of, and responsible to an agency of the state of Texas. |