SECTION 745.403. When am I eligible to apply for another permit after Licensing denies, revokes, or refuses to renew my permit?

(a) You are eligible to apply for another permit after the fifth anniversary of the date on which any of the following adverse actions takes effect or you voluntarily close or relinquish your permit after receiving notice of our intent to take such an action:

(1) A denial of your application under §745.8650 of this chapter (relating to When may Licensing deny a permit?);

(2) A revocation of your permit under §745.8654 of this chapter (relating to When may Licensing revoke my permit?); or

(3) A refusal to renew your permit under §745.8655 of this chapter (relating to When may Licensing refuse to renew my permit?).

(b) A denial, revocation, or refusal to renew takes effect when:

(1) You have waived or exhausted your due process rights regarding the denial, revocation, or refusal to renew; and

(2) The denial, revocation, or refusal to renew is upheld.

(c) This rule does not apply if:

(1) Your permit is automatically revoked:

(A) For failure to pay a fee under Human Resources Code (HRC) §42.054(f);

(B) For failure to submit information for a background check for a listed family home under HRC §42.052(j); or

(C) Because the license changes location or ownership, as further explained in Division 10 of this subchapter (relating to Relocation of Operation and Change in Ownership); or

(2) Your permit expires.

Source Note: The provisions of this §745.403 adopted to be effective January 1, 2007, 31 TexReg 9333; amended to be effective June 1, 2010, 35 TexReg 4184; amended to be effective September 1, 2016, 41 TexReg 6082; 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