SECTION 745.135. What if Licensing determines that my program does not meet the exemption criteria outlined in this subchapter?

(a) If we determine that your program does not meet all the criteria for exemption outlined in this division, we will send you a letter stating that you must apply for a permit within certain timeframes. You will then need to take immediate steps to follow Licensing instructions to submit an application for a permit within the time frames outlined in the letter.

(b) We may file suit in district court for both a civil penalty and injunctive relief if you:

(1) Fail to meet the criteria for an exemption or knowingly engage in activities that require a permit; and

(2) Fail to submit an application for a permit.

(c) There are criminal penalties for operating without a permit.

Source Note: The provisions of this §745.135 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437