26 Tex. Admin. Code § 550.123

Current through Reg. 49, No. 45; November 8, 2024
Section 550.123 - Request and Issuance of Temporary License
(a) An applicant for an initial license under § 550.105 of this subchapter (relating to Initial License Application Procedures and Issuance) may request that HHSC issue a temporary license pending review by HHSC of the applicant's application for an initial license.
(b) To request a temporary license, the applicant must submit an application for a temporary license to the HHSC Licensing and Credentialing Unit through the online portal and upload a copy of the applicant's policies, procedures and staffing plans that demonstrate compliance with the licensing standards of this chapter.
(c) HHSC issues a temporary license to an applicant who has requested a temporary license if HHSC:
(1) determines that the applicant has submitted an application for an initial license in accordance with § 550.105 of this subchapter;
(2) determines that the applicant meets the building requirements of Subchapter E of this chapter; and
(3) approves the applicant's policies, procedures and staffing plans submitted in accordance with subsection (b) of this section.
(d) If HHSC issues a temporary license, the center may admit no more than six minors to the center until the temporary license expires or terminates.
(e) The issuance of a temporary license constitutes HHSC notice to the applicant of the approval of the temporary license request.
(f) A temporary license expires on the earlier of:
(1) 90 days after HHSC issues the temporary license or the last day of any extension HHSC grants in accordance with subsection (g) of this section;or
(2) the date HHSC issues an initial license.
(g) A temporary license holder may request that HHSC extend the term of a temporary license by 90 days. To request an extension, the license holder must submit to the HHSC Provider License and Certification Unit, a request for an extension through the online portal. If HHSC receives the request at least 30 days before the date the temporary license expires, HHSC extends the term of the license for 90 days and notifies the temporary license holder of the extension in writing. HHSC grants an applicant only one temporary license extension for a center.
(h) A temporary license holder must comply with the requirements of THSC Chapter 248A and the licensing standards of this chapter for the term of the temporary license. HHSC may take the enforcement action described in Subchapter G of this chapter (relating to Enforcement) if the temporary license holder does not comply with THSC Chapter 248A or this chapter.
(i) HHSC may visit or conduct an investigation or inspection of a center owned or operated by a temporary license holder, as described in Subchapter F of this chapter (relating to Inspections and Visits).

26 Tex. Admin. Code § 550.123

The provisions of this §550.123 adopted to be effective September 28, 2016, 41 TexReg 7512; 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