Section 550.111 - Relocation(a) Relocation is the closing of a center and the movement of its business operations to another location.(b) A license holder must not relocate a center or provide services to a minor at a new location without prior approval from HHSC.(c) The license holder must continue to maintain the license at the current location and must continue to meet all requirements for operation of the center until HHSC approves the relocation.(d) Before a relocation, the license holder must submit a relocation application for the new location and the correct fee for a relocation required in § 550.112 of this subchapter (relating to Licensing Fees) through the online portal.(e) The license holder must: (1) arrange for an inspection of the center by the local fire marshal or state fire marshal; and(2) submit written evidence of the fire marshal's approval to HHSC that describes the center by name and address by uploading a copy through the online portal.(f) An applicant must send written notice to HHSC indicating that the center is ready for a Life Safety Code inspection. (1) The written notice must be submitted through the online portal:(A) with the application; or(B) no later than 120 days after HHSC Licensing and Credentialing Unit receives the application.(2) After HHSC receives the written notice for a Life Safety Code inspection and an applicant has satisfied the application submission requirements, HHSC staff conducts an on-site Life Safety Code inspection.(g) If an applicant receives a notice from HHSC that some or all of the information is missing or incomplete, an applicant must submit the requested information no later than 30 days after the date of the notice. If an applicant fails to submit the requested information no later than 30 days after the notice date, HHSC Licensing considers the application incomplete and proposes to deny the application. If HHSC Enforcement denies the application, HHSC does not refund the license fee.(h) The center must meet the building requirements described in Subchapter E of this chapter (relating to Building Requirements). If a center fails to meet the building requirements and fails to implement an approved written plan of correction no later than 120 days after the initial Life Safety Code inspection, HHSC Licensing proposes to deny the application for a license.(i) Following Life Safety Code approval by HHSC, the license holder must notify HHSC of the date the business operations will be relocated.(j) HHSC issues a license for the new center if the new center meets the requirements in this chapter. The effective date of the license is the date all business operations are relocated.(k) The issuance of a license constitutes HHSC approval of the relocation.(l) The license for the current location becomes invalid upon issuance of the new license for the new location.(m) If an applicant decides not to continue the application process after submitting the application and correct license fee, an applicant must submit to HHSC a written request to withdraw the application. HHSC does not refund the license fee.(n) Before denying an application for relocation, HHSC Enforcement gives the license holder: (1) notice by personal service or by registered or certified mail of the facts or conduct alleged to warrant the proposed action; and(2) an opportunity to show compliance with all the requirements of THSC Chapter 248A and the Chapter to retain the license.(o) To request an opportunity to show compliance, the license holder must send a written request to HHSC. The request must:(1) be postmarked no later than 10 days after the date of HHSC notice of proposed action and received by HHSC no later than 10 days after the date of the postmark; and(2) contain documentation that refutes HHSC allegations specifically.(p) The opportunity to show compliance is limited to a review of documentation submitted by the license holder and information HHSC used as the basis for the proposed action. The opportunity to show compliance is not an administrative hearing. HHSC gives the license holder a written affirmation or reversal of the proposed action.(q) If HHSC denies an application for relocation, HHSC sends the license holder a written notice of the denial and informs the license holder of the right to request an administrative hearing to appeal the denial. The administrative hearing is held in accordance with Texas Health and Human Services Commission rules found in 1 Texas Administrative Code Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and HHSC hearing rules found in Chapter 110 of this title (relating to Hearings Under the Administrative Procedure Act).26 Tex. Admin. Code § 550.111
The provisions of this §550.111 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7930, eff. 10/16/2024