1. (a) Before revocation or suspension of a center's license or denial of an application for the renewal of a center's license, DADS gives the license holder:

   1. (1) a notice by personal service, facsimile transmission, or by registered or certified mail of the facts or conduct alleged to warrant the proposed action, with a copy sent to the center; and

   2. (2) an opportunity to show compliance with all requirements of law to retain the license by sending DADS a written request. The request must:

      1. (A) be postmarked no later than 10 days after the date of DADS notice and be received in DADS office no later than 10 days after the date of the postmark; and
      2. (B) contain specific documentation refuting DADS allegations.
2. (b) DADS limits its review to the documentation submitted by the license holder and information DADS used as the basis for its proposed action. A license holder or center representative may not attend DADS meeting to review the opportunity to show compliance documents. DADS gives a license holder a written affirmation or reversal of the proposed action.

3. (c) After an opportunity to show compliance, DADS sends a license holder a written notice that:

   1. (1) informs the license holder of DADS decision; and
   2. (2) provides the license holder with an opportunity to appeal DADS decision through a formal hearing process, if DADS affirms the proposed action.

Source Note:The provisions of this §550.1407 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875.