SECTION 745.339. What factors will we consider when evaluating an application for a permit or a request to amend a permit?

When we determine whether to issue or amend a permit, we will consider the following:

(1) The application or request to amend the permit and any information submitted with the application or request;

(2) The on-site inspection to determine compliance with minimum standards, rule, and statutes;

(3) Any information that Licensing gathers through the application or amendment process, including any written comments and written information submitted to Licensing during the process that Licensing considers to be relevant to the decision to issue or deny the permit or amendment;

(4) If a public hearing is required in §745.273 of this subchapter (relating to Which residential child-care operations must meet the public notice and hearing requirements?):

(A) Any written comments and written information provided by interested parties at a public hearing; and

(B) The Verbatim Record and summary Report of Public Comment from the Community, as required in §745.275 of this subchapter (relating to What are the specific requirements for a public notice and hearing?); and

(5) If the application or the request to amend the permit is for a general residential operation that will provide treatment services to children with emotional disorders:

(A) All parts of the Additional Operation Plan required in §745.243(6)(M) of this subchapter (relating to What does a completed application for a permit include?);

(B) Evidence of community support for, or opposition to, the proposed general residential operation, including any public comment relating to the licensing of the proposed operation; and

(C) The impact statement from the school district likely to be affected by the proposed general residential operation, including information relating to any financial impact on the district that may result from an increase in enrollment.

Source Note: The provisions of this §745.339 adopted to be effective April 25, 2021, 46 TexReg 2437