1. (a) General.

   1. (1) In this section, the date of an application is the date the DADS' Home and Community Support Services Agencies (HCSSA) Licensing Unit receives the application.
   2. (2) DADS considers an application for an initial license complete when DADS receives, reviews, and accepts the information described in §97.13 of this subchapter (relating to Application Procedures for an Initial License).
   3. (3) DADS considers an application for a renewal license complete when DADS receives, reviews, and accepts the information described in §97.17 of this subchapter (relating to Application Procedures for a Renewal License). An agency may continue to operate in accordance with §97.17(j) of this subchapter.
   4. (4) DADS considers an application for a change of ownership license complete when DADS receives, reviews, and accepts the information described in §97.25 of this subchapter (relating to Change of Ownership).
   5. (5) DADS considers an application for a branch office license complete when DADS receives, reviews, and accepts the information described in §97.27 of this subchapter (relating to Application and Issuance of a Branch Office License).
   6. (6) DADS considers an application for an alternate delivery site license complete when DADS receives, reviews, and accepts the information described in §97.29 of this subchapter (relating to Application and Issuance of an Alternate Delivery Site License).

2. (b) Time frames. An application from an agency for an initial, renewal, change of ownership, branch office, or alternate delivery site license is processed in accordance with the following time frames:

   1. (1) The first time frame begins on the date DADS' HCSSA Licensing Unit receives an application and ends on the date a license is issued. If DADS' HCSSA Licensing Unit receives an incomplete application, the first time frame ends on the date DADS' HCSSA Licensing Unit sends a written notice to the agency that the application is incomplete. The written notice describes the specific information that the applicant must submit to complete the application. The first time frame is no longer than 45 days.
   2. (2) The second time frame begins on the date DADS' HCSSA Licensing Unit receives the last item necessary to complete the application and ends on the date the license is issued. The second time frame is no longer than 45 days.
   3. (3) If an agency is subject to a proposed or pending enforcement action on its license on or within 45 days before the expiration date of the license, DADS may suspend issuance of a renewal license until a formal hearing as described in §97.601 of this chapter (relating to Enforcement Actions) is complete.

3. (c) Reimbursement of fees.

   1. (1) If DADS does not process the application in the time frames stated in subsection (b) of this section, the applicant has the right to request that DADS reimburse the license fee. If DADS does not agree that the established time frames have been violated or finds that good cause existed for exceeding the established time frames, DADS denies the request.

   2. (2) DADS considers that good cause for exceeding the established time frames exists if:

      1. (A) the number of applications to be processed exceeds by 15% or more the number of applications processed in the same quarter for the preceding year;
      2. (B) another public or private entity used in the application process caused the delay; or
      3. (C) other conditions existed giving good cause for exceeding the established time frames.
4. (d) Appeal. If DADS denies the request for reimbursement of the license fee as authorized by subsection (c) of this section, the applicant may appeal the denial. In order to appeal, the applicant must send a written request for reimbursement of the license fee to the DADS commissioner. The request must include that the application was not processed within the established time frame. DADS' HCSSA Licensing Unit provides the DADS commissioner with a written report of the facts related to the processing of the application and good cause for exceeding the established time frame. The DADS commissioner makes the final decision and provides written notification of the decision to the applicant and DADS' HCSSA Licensing Unit.

Source Note:The provisions of this §558.31 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective January 15, 2009, 34 TexReg 252; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893.