SECTION 265.34. Procedures for Applications for Licenses to Operate Migrant Labor Housing Facilities

(a) Health and Safety Code, Chapter 147, requires the licensing of all facilities used for housing seasonal or temporary agricultural workers.

(b) Any person who wants to apply for a license to operate a facility may obtain the application form from the General Sanitation Division of the department.

(c) An application must be submitted to the General Sanitation Division at least 45 days prior to the intended operation of the facility, but no more than 60 days.

(d) Term, Expiration, and Fee Schedule. Prior to January 1, 2005, the term of all licenses is one year and expires on the anniversary of the effective date, unless renewed. Effective January 1, 2005, the term of all licenses is two years. Some licenses will be renewed for a one-year term in 2005, in a manner to be determined by the department and two years thereafter. The schedule of fees is as follows:

(1) Initial fee:

(A) for a one year term is $600; and

(B) for a two year term is $1,200.

(2) Renewal fee:

(A) for a one year term is $600; and

(B) for a two year term is $1,200.

(3) Texas Online Fees. The department is authorized to collect subscription and convenience fee, in amounts determined by the Texas Online Authority, to recover costs associated with processing license and registration applications specified under this subchapter through Texas Online, in accordance with the Texas Government Code, Chapter 2054, §2054.111 (relating to Use of Texas Online Project).

(4) Fees shall be tendered by check or money order payable to the Department of State Health Services.

(e) Within 30 days of the receipt of a complete application and fee, the facility shall be inspected by an authorized representative of the department.

(1) If the facility meets the minimum standards of construction, sanitation, equipment, and operation required by §§265.31 - 265.33 of this title (relating to General Provision; Definitions; and Site and Physical Facilities), the commissioner of health shall issue to the applicant, in the name of the Texas Department of Health, a license to operate a migrant labor housing facility.

(2) If the facility does not meet the minimum standards of construction, sanitation, equipment, and operation required by §§265.31 - 265.33 of this title (relating to General Provisions; Definitions; and Site and Physical Facilities), the department will provide to the applicant, at the time of the inspection, a list of deficiencies. In order to expedite occupancy, the applicant may request the department to reinspect the facility as soon as the deficiencies are corrected or request the department to reinspect the facility within 60 days of the date of the initial inspection. If the facility does not meet the standards upon reinspection, a new application and fee must be submitted.

(f) A license shall be nontransferable.

(g) Correspondence should be addressed to the Division Director, General Sanitation Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

(h) Applications for a license to operate a migrant labor housing facility shall be processed in accordance with the following time periods.

(1) Within 14 days of the date of receipt of an application and license fee, the department shall issue a written notice informing the applicant that the application is complete and accepted for filing, or that the application is deficient and specific additional information is required.

(2) Within 60 days from the date the filing of a complete application is received, the department will issue written notice approving or denying licensure of the facility.

(3) The time period to process an application will be 120 days from the date of receipt of a complete application to the day of licensure decision for facilities inspected after the complete application was received and found not to meet standards and for which a reinspection was requested.

(i) Reimbursement of fees shall be as follows.

(1) In the event the application is not processed in the time periods as stated in subsection (h) of this section, the applicant has the right to request of the administrator full reimbursement of the license fee paid in the program application process. If the administrator does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.

(2) Good cause for exceeding the period established is considered to exist if:

(A) the number of applications to be processed exceeds 15% or more the number processed in the same calendar quarter the preceding year.

(B) another public or private enterprise utilized in the process caused the delay;

(C) other conditions existed giving good cause for exceeding the established periods.

(j) Appeals concerning reimbursement of fees shall be as follows:

(1) If the request for full reimbursement authorized by subsection (i) of this section is denied, the applicant may appeal directly to the Commissioner of Health for a resolution of the dispute.

(2) The appeal shall be in the form of a written statement to the commissioner describing the reasons why the applicant considers that the fees should be reimbursed.

(3) The program administrator also may submit to the commissioner a written statement describing the reasons for denying reimbursement.

(4) The commissioner shall make a timely decision and notify the applicant in writing of the decisions.

(k) If a contested case hearing is necessary during the application procedure described in subsections (h) - (j) of this section, the time periods for the hearing shall be in addition to the other times.

Source Note: The provisions of this §265.34 adopted to be effective September 13, 1985, 10 TexReg 3319; amended to be effective June 1, 1988, 13 TexReg 2087; amended to be effective January 1, 2005, 29 TexReg 11986