3900, Permit Renewal | Texas Health and Human Services

Printer-friendly version

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.

26 TAC Section 745.471

Texas Human Resources Code Sections 42.048, 42.050, 42.052

3912 When an Operation’s Permit Renewal is Due

Revision 22-4; Effective Sept. 20, 2022

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.

26 TAC Section 745.473

3913 Definitions of Renewal Period and Late Renewal Period

Revision 22-4; Effective Sept. 20, 2022

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 renews 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 submits a renewal application by the end of the late renewal period to avoid expiration of its permit.

26 TAC Section 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, CCR 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, CCR staff 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

Revision 22-4; Effective Sept. 20, 2022

Procedure

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

Operation Requests a Paper 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 CCR inspector:

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

3922.1 Definition of a Complete Permit Renewal Application

Revision 23-1; Effective Apr. 21, 2023

A complete permit renewal application includes the operation submitting all of the following:

verification that the following about the operation is current and accurate:
- basic information on the Search Texas Child Care website;
- list of controlling persons in the provider’s online account; and
- list of governing body members in the provider’s online account;
indication if the operation continues to need any existing waivers or variances;
verification that the operation has validated the list of persons who require a background check as required by 26 TAC Section 745.651(2); and
if the operation is a general residential operation that provides treatment services for children with emotional disorders and a public hearing is required by 26 TAC Section 745.487, a written response that addresses any public comments made during the public hearing.

26 TAC Section 745.475

3923 Time Frames for Processing a Permit Renewal Application

Revision 22-4; Effective Sept. 20, 2022

The CCR inspector has 30 days from the date CCR receives the renewal application to renew the operation’s permit, reject, or refuse to renew the permit.

26 TAC Sections 745.475, 745.477

3924 Processing the Permit Renewal Application

Revision 24-1; Effective Feb. 20, 2024

The inspector completes all the following tasks in the chart below to determine whether to:

accept the renewal application;
reject the renewal application; or
refuse to renew the permit.

Task	CCRH Reference
Determine if the renewal application is complete.	3922.1 Definition of a Complete Renewal Application
Enter the renewal application into CLASS, if the operation submitted a paper application.	3924.1 Entering a Paper Application into CLASS
Review the operation’s fee payment history. Determine if the operation has paid all fees or administrative penalties that are not pending due process.	3924.2 Verifying Fee and Administrative Penalty Payments
Review the previous five-year compliance history. Determine if there are repeated, re-cited, or pattern of deficiencies. If so, decide whether to recommend adding conditions to the permit.	3924.3 Reviewing the Five-Year Summary of Deficiencies Details
Determine if the operation has corrected each deficiency with an expired compliance date that is not pending due process. Determine what steps to take if the operation has not corrected each deficiency. If an inspection is required to verify the operation’s compliance with a standard, conduct the inspection before accepting or rejecting the application.	3924.4 Reviewing Deficiencies Not Corrected Details
Review the information that the operation provided regarding any waivers or variances and determine which steps to take.	5140 Time Frames for Processing a Waiver or Variance Request 5170 Renewing a Waiver or Variance 5190 Documenting Outcomes for Waiver or Variance
If the operation is a general residential operation providing treatment services for children with emotional disorders, determine if the commissioner’s court of the county where the operation is located has requested that CCR hold a public hearing.	3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations

Before rejecting a renewal application or refusing to renew a permit, the CCR inspector helps the operation complete the renewal application if:

the inspector has any questions about the operation’s responses on the renewal application;
the provider has not fully completed the paper renewal application;
the inspector needs to verify fee payments;
the operation’s people list needs to be validated; or
there are deficiencies that the inspector needs to follow up on.

26 TAC Sections 745.475, 745.477, 745.651

3924.1 Entering a Paper Permit Renewal Application into CLASS

Revision 23-3; Effective Sept. 22, 2023

Procedure

When an operation submits a paper renewal application, the CCR inspector completes the following tasks to enter the application in CLASS:

creates a new permit renewal submission by selecting Add Submission on the Permit Renewal page; and
on the Permit renewal Application Details page:
1. enters the date the application was received;
2. selects or enters the applicable answer for each section of the application based upon information the operation submitted to CCR and the inspector’s evaluation of the information as outlined in the sections below;
3. saves the page;
stores the paper application according to Appendix 1000-1, Organizing Child Care Regulation Records; and
uploads the application and supporting documents to CLASS Document Library from the applicable CLASS page as outlined in 1310 Content and Organization of Child Care Regulation Records.

Operation Details

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

Controlling Person Details

The inspector indicates whether the operation requested to:

add any controlling persons; and
remove any controlling person.

If the operation requested to add a controlling person, the inspector indicates whether the operation submitted the request as required (i.e., either using Form 2760, Controlling Person – Child Care Regulation, or through the provider’s online account).

CCR staff 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 as required, either using:

Form 2911, Child Care Licensing Governing Body/Director Designation;
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 as required (i.e., using Form 2937, Child Care Regulation Waiver/Variance Request, or through the operation’s online account);
Updates the Waiver/Variance Details page in CLASS according to 5100 Waivers and Variances; and
Verifies the operation acted on each expired waiver or variance request.

If the operation no longer needs the waiver or variance, the inspector:

indicates the waiver or variance is no longer needed; and
updates the Waiver/Variance page in CLASS according to 5100 Waivers and Variances.

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 26 TAC Section 745.651(2).

Fees Details

The inspector indicates whether all fees and administrative penalties for the past two years are paid. The inspector follows the policy in 3924.2 Verifying Fee and Administrative Penalty Payments.

See:

1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431 Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

3924.2 Verifying Fee and Administrative Penalty Payments

Revision 22-4; Effective Sept. 20, 2022

Procedure

The CCR inspector reviews the operation’s Invoice and Payment Summary page in CLASS and verifies that the operation does not have any overdue fees 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:

the type of fee or penalty that is overdue (annual, background check or administrative penalty);
the amount that is overdue;
the year the fee was due for annual fees; and
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

3924.3 Reviewing the Five-Year Summary of Deficiencies Details

Revision 23-1; Effective Apr. 21, 2023

CCR staff review the operation’s five-year compliance history to determine if the operation has repeated deficiencies or a pattern of deficiencies. The evaluation of the five-year compliance history determines whether CCR:

renews the permit without adding conditions or restrictions;
adds conditions or restrictions to the permit to address the repeated deficiencies or pattern of deficiencies when renewing the permit; or
takes the adverse action Refuse to Renew.

If CCR decides to renew the permit, the CCR inspector ensures the operation meets all other requirements for permit renewal before renewing the permit.

Texas Human Resources Code Sections 42.050(c), 42.072

26 TAC Section 745.8655

Procedure

To determine if the operation has repeated deficiencies or a pattern of deficiencies, the inspector selects Proceed to Review Deficiencies on the Permit Renewal Application Details Page to navigate to the Five-Year Summary of Deficiencies page. The Five-Year Summary of Deficiencies page in CLASS shows:

the following information regarding deficiencies from the five-year period:
- a total count of all deficiencies;
- detail of repeated and re-cited deficiencies;
- number of all deficiencies by subchapter; and
- number of all deficiencies by weight;
the inspector’s assessment of the re-cited and repeated deficiencies;
the inspector’s assessment of whether the operation had a pattern of deficiencies;
whether the inspector recommended adding conditions or restrictions to the permit; and
the supervisor decision, if the inspector recommended adding conditions or restrictions to the permit.

If the Operation Has No Repeated or Re-cited Deficiencies

If there are no repeated deficiencies or re-cited deficiencies:

the questions in the Assessment of Deficiencies section automatically prefill with No, and the Comment text box associated with each question prefill with a message stating that there were no repeated or patterns of deficiencies found and no additional conditions or restrictions on the permit are recommended;
the inspector saves the page; and
the inspector continues processing the renewal application.

If the Operation Has Repeated Deficiencies, Re-cited Deficiencies, or a Pattern of Deficiencies

If there are repeated, re-cited, or a pattern of deficiencies, the inspector evaluates the deficiency information on the Five-Year Summary of Deficiencies page.

If the inspector recommends imposing an adverse action based on the operation’s compliance history, CCR staff follow procedures in 7630 Taking Adverse Action.

If the inspector does not recommend an adverse action, the inspector completes the Assessment of Deficiencies section on the Five-Year Summary of Deficiencies page, which includes an assessment of whether the inspector recommends that CCR adds conditions or restrictions to the operation’s permit.

If the inspector does not recommend adding conditions or restrictions to the permit, the inspector continues processing the renewal application.
If the inspector recommends adding conditions or restrictions to the operation’s permit to address repeated, re-cited, or patterns of deficiencies, the inspector enters in the Comments on Permit Conditions text box:
- the reasons why the conditions or restrictions are recommended; and
- what conditions or restrictions the inspector recommends be added.

Additional Steps when an Inspector Recommends Adding Conditions or Restrictions to the Permit

If the inspector recommends adding conditions or restrictions to the permit, the supervisor reviews and approves or rejects the recommendation in CLASS within three days.

If the supervisor does not approve the inspector’s recommendation, the supervisor adds comments explaining the inspector’s next steps. The next steps may include actions such as:

renewing the permit without adding conditions or restrictions;
refusing to renew the permit; or
recommending or imposing other enforcement actions.

If the supervisor approves the inspector’s recommendation:

the inspector adds the conditions or restrictions according to 3823 Amending the Permit in CLASS; and
CCR staff follow procedures in 7622 Criteria for Imposing an Adverse Amendment.

3924.4 Reviewing Deficiencies Not Corrected Details

Revision 22-4; Effective Sept. 20, 2022

CCR may not renew a permit of an operation if the operation has not corrected any deficiency unless the deficiency is:

pending an administrative review; or
the basis for a corrective or adverse action that is pending an administrative review or due process hearing.

If an operation has not corrected deficiencies that do not meet the exemption criteria above, CCR staff consult with the supervisor on the next steps, which may include:

following up with the operation;
rejecting the renewal application;
expiring the permit; or
refusing to renew the permit.

Texas Human Resources Code Section 42.050(c-1)

26 TAC Section 745.477

Procedure

The CCR inspector reviews the Deficiencies Not Corrected Details section on the Permit Renewal Application Details page to determine if the operation has not corrected any deficiencies that are:

not pending an administrative review; or
the basis for an action pending an administrative review or due process hearing.

If this page does not list any such deficiencies, the CCR inspector proceeds with processing the renewal application.

If the page lists any such deficiencies, the CCR inspector reviews the Action Needed column for each deficiency in the Deficiencies Not Corrected Details section and takes the applicable steps outlined in the table below:

Action Needed	Inspector Next Steps
Update Admin Review Status	Identify which of the statuses is pending and update as necessary. More than one status may need to be updated. Updating the status may result in the deficiency being removed from the list or the status changing to Follow-Up Needed.
Follow-Up Needed	Follow-up with the operation to determine if the operation has corrected the deficiency. If the deficiency has been corrected, the system will remove it from the list.

If all deficiencies are removed from the list after the CCR inspector addresses the Current Deficiencies Not Corrected, the inspector proceeds with processing the renewal application.

If one or more deficiencies remain on the list after the CCR inspector addresses the Current Deficiencies Not Corrected, the inspector consults with the supervisor whether to:

follow-up with the operation again;
reject the renewal application;
expire the permit; or
refuse to renew the permit.

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:

The name, address and phone number of the CCR representative who will facilitate the hearing;
The name and address of the GRO that submitted the renewal application;
The date, time and location of the hearing;
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
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 §§745.475; 745.477; 745.487; 745.489

3925 Accepting a Renewal Application

Revision 22-4; Effective Sept. 20, 2022

Procedure

The CCR inspector accepts the renewal application and renews the permit when the renewal application and all tasks associated with processing the renewal application are complete.

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

3926 Rejecting a Renewal Application

Revision 22-4; Effective Sept. 20, 2022

CCR rejects the renewal application when:

the permit renewal application is incomplete, and the provider does not respond to phone calls or emails about the renewal application; or
there are deficiencies that the operation has not corrected and CCR has followed-up on the deficiencies as outlined in 3924.4 Reviewing Deficiencies Not Corrected Details.

Procedure

When the CCR inspector determines that a permit renewal application should be rejected, the inspector:

obtains approval to reject the application from the supervisor or program administrator;
documents the rejection in CLASS; and
sends the operation CLASS form Permit Renewal Application Rejection Notification.

3926.1 Documenting the Permit Renewal Rejection in CLASS

Revision 22-5; Effective Nov. 4, 2022

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

If the application is being rejected because the operation has not corrected deficiencies, the Rejection Letter Details section lists the deficiencies that are listed in CLASS form Permit Renewal Application Rejection Notification.

After the inspector sends CLASS form Permit Renewal Application Rejection Notification, the Rejection Letter Details section will not update when deficiencies in the Deficiencies Not Corrected Details section update.

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

Revision 22-4; Effective Sept. 20, 2022

Procedure

If the operation submitted the renewal application during the renewal period, the CCR 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. If the inspector is rejecting the application because the operation has not corrected deficiencies, the rejection letter will list these deficiencies.

Operation Has Contact Email Address

CLASS will automatically generate and send the notification to the operation if:

the operation has a contact email address in CLASS; and
has not indicated a preference for a paper renewal application.

Operation Does Not Have Contact Email Address

The inspector prints and mails the rejection letter, which includes a new renewal application, to the operation if:

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

3926.3 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 CCR 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 CCR 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.

3927 Refusal to Renew a Permit

Revision 22-4; Effective Sept. 20, 2022

CCR may refuse to renew the permit of an operation that is subject to the permit renewal requirements. A refusal to renew is a type of adverse action that may occur before or after the renewal period expires.

Procedure

When refusing to renew a permit, CCR staff:

leave the renewal application pending;
do not send CLASS Form Final Permit Renewal Application Rejection Notification to the operation; and
follow procedures in 7630 Taking Adverse Action.

26 TAC Section 745.8655

3930 Expiration of a Permit

July 2018

There are three ways a permit can expire:

The operation does not submit a permit renewal application by the end of the late renewal period.
CCR 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.
CCR 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.

26 TAC Section 745.481

Procedure

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 CCR inspector:

obtains supervisory approval to expire the permit;
documents 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;
selects Proceed to Expire Permit;
prints and sends the CLASS Form Permit Expiration Notification to the operation via certified mail; and
sets the Operating Status to No on the operation’s main page in CLASS and enters 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 includes the supervisor’s full name and date of approval.

3931 Closing the Operation Due to Expiration of the Permit

Revision 22-4; Effective Sept. 20, 2022

Procedure

Within 15 days of expiring the permit and sending the CLASS form Permit Expiration Notification, the CCR inspector conducts an inspection to verify the operation is no longer caring for children.

After the inspection:

the inspector generates a new unregulated operation investigation if the operation is caring for children; and
the CCR staff assigned to the operation 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.

See 6530 Investigations of Unregulated Operations

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 748, 749, 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.