SECTION 265.30. Waiver; Appeal

(a) The department may grant a waiver from the requirements of this chapter to a program that meets the conditions described in Health and Safety Code, §141.0025(a). The program seeking the waiver shall provide proof to the department that the program meets the conditions described in Health and Safety Code, §141.0025(a) before the department may grant a waiver. To ensure that the program continues to be eligible for a waiver, the department may require the program to resubmit proof of meeting the conditions described in Health and Safety Code, §141.0025(a) no more frequently than one time per calendar year or as part of an investigation described in subsection (c) of this section.

(b) A waiver granted by the department under subsection (a) of this section is valid until the waiver is revoked for cause by the department. Examples of cause for revocation include but are not limited to:

(1) the failure to ensure the health, safety, or welfare of persons at the program; or

(2) the failure to report abuse or neglect occurring at the program as required by Family Code, Chapter 261.

(c) The department may conduct an investigation in response to an allegation that there is cause to revoke a program’s waiver or that a program no longer meets the conditions described in Health and Safety Code, §141.0025(a).

(d) A person who operates a program for which an application for a waiver under this section has been denied or for which a waiver under this section has been revoked may appeal the action in the manner provided for appeal of contested cases under Government Code, Chapter 2001. When the department proposes to deny or revoke a waiver granted under this section, it shall give notice of the proposed action in writing and shall provide information on how to request an administrative hearing. The program shall make a written request for a hearing within 30 days from the date on the notice letter sent by the department.

Source Note: The provisions of this §265.30 adopted to be effective March 21, 2018, 43 TexReg 1635