SECTION 745.8879. If the Texas Health and Human Services Commission is imposing a revocation of or refusal to renew my permit, may I enroll new children pending the outcome of an administrative review and due process hearing?

(a) You may enroll new children pending the outcome of an administrative review and due process hearing for a revocation of or a refusal to renew your permit:

(1) If you are able to continue to operate as explained in §745.8875(2) of this division (relating to May I operate during the appeal of an adverse action, including pending the outcome of an administrative review and due process hearing?); or

(2) A district court grants you injunctive relief to continue to operate as explained in §745.8877 of this division (relating to What if I disagree with Licensing's decision that my operation poses an immediate threat or danger to the health or safety of children?).

(b) If you are allowed to enroll children pending the outcome of an administrative review and due process hearing according to subsection (a) of this section, you must inform anyone seeking to enroll a child that HHSC is seeking to revoke or refuse to renew your permit and that you are continuing to care for children pending the outcome of the administrative review and due process hearing.

Source Note: The provisions of this §745.8879 adopted to be effective January 26, 2023, 48 TexReg 220