SECTION 745.8875. May I operate during the appeal of an adverse action, including pending the outcome of an administrative review and due process hearing?

Whether you may operate during the appeal of an adverse action depends upon the type of adverse action the Texas Health and Human Services (HHSC) is imposing against you:

(1) If HHSC is suspending your permit or denying you a permit, you may not operate pending the outcome of an administrative review and due process hearing;

(2) If HHSC is revoking or refusing to renew your permit, you may continue to operate pending the outcome of the administrative review and due process hearing unless Licensing determines the operation poses an immediate threat or danger to the health or safety of children according to §745.751 of this chapter (relating to What factors does Licensing consider when determining if a person or operation is an immediate threat to the health or safety of children?); and

(3) If HHSC is adversely amending your permit, you may continue to operate without the adverse amendment pending the outcome of the administrative review and due process hearing.

Source Note: The provisions of this §745.8875 adopted to be effective January 26, 2023, 48 TexReg 220