SECTION 745.8713. When may Licensing impose an administrative penalty before a corrective action?

(a) We may impose an administrative penalty before imposing a corrective action any time we find a deficiency of a high risk minimum standard, including a deficiency for:

(1) The abuse, neglect, or exploitation of a child;

(2) A safety hazard standard;

(3) A safe sleeping standard;

(4) Any standard establishing times for reporting information to a parent or Licensing;

(5) A supervision standard; or

(6) One of the following background check standards:

(A) A failure to timely submit the information required to conduct a background check under Subchapter F of this chapter (relating to Background Checks) on two or more occasions;

(B) You knowingly allow a person to be present at your operation before you receive notification from the Centralized Background Check Unit (CBCU) that a person is eligible, eligible with conditions, or provisionally eligible with conditions to be present at your operation;

(C) You knowingly allow a subject of a background check to be present at your operation after you have received notification from the CBCU that the subject is ineligible to be present at your operation; or

(D) You violate a condition or restriction that the CBCU has placed on the subject of a background check at your operation as part of the CBCU background check determination.

(b) For more information regarding deficiencies that may result in an administrative penalty, go to the Child Care Regulation Enforcement Actions page on hhs.texas.gov.

Source Note: The provisions of this §745.8713 adopted to be effective March 1, 2014, 39 TexReg 1182; amended to be effective September 1, 2016, 41 TexReg 6234; amended to be effective January 13, 2019, 43 TexReg 8142; 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