SECTION 745.8655. When may Licensing refuse to renew my permit?

(a) Based on our assessment of the criteria provided in §745.8607 of this subchapter (relating to How will Licensing decide which type of enforcement action to recommend or impose?), we may refuse to renew your permit for an issue identified in §745.8605 of this subchapter (relating to When can Licensing recommend or impose an enforcement action against my operation?) if we:

(1) Cannot take another type of enforcement action because:

(A) Your operation is ineligible for corrective action; or

(B) The action would not resolve the issue or reduce risk at your operation;

(2) Determine that a background check result or a finding of abuse or neglect makes you ineligible for a permit, either because the result is ineligible for a risk evaluation or the Centralized Background Check Unit does not approve a risk evaluation as provided in Subchapter F of this chapter (relating to Background Checks); or

(3) Otherwise refuse to renew your permit to address the issue identified in §745.8605 of this subchapter.

(b) We may refuse to renew your permit at any point before or after the renewal period expires. For example, if there is a finding of abuse or neglect that makes you ineligible for a permit, then we may refuse to renew your permit before the expiration of your permit.

(c) The basis for refusing to renew your permit may be based on grounds that occurred before or after the renewal period expires.

(d) If we are:

(1) Refusing to renew your permit, we do not also have to revoke your permit; or

(2) Revoking your permit before or after the renewal period expires, we do not also have to refuse to renew your permit.

(e) You are entitled to an administrative review and a due process hearing if we refuse to renew your permit. You may continue to operate pending the outcome of the administrative review and due process hearing unless we determine the operation poses an immediate threat or danger to the health or safety of children.

(f) For other rules relating to renewals, see Division 12 of Subchapter D (relating to Permit Renewal).

Source Note: The provisions of this §745.8655 adopted to be effective April 25, 2021, 46 TexReg 2437