1. (a) A TRS provider shall lose TRS certification if the provider:

   1. (1) is placed on corrective action with a Board pursuant to Subchapter F of this chapter;
   2. (2) is under a "Notice of Freeze" with the Commission pursuant to Chapter 213 of the Texas Labor Code (Enforcement of the Texas Unemployment Compensation Act) or Chapter 61 of the Texas Labor Code(Payment of Wages);
   3. (3) is placed on corrective or adverse action by DFPS; or
   4. (4) had 15 or more total licensing deficiencies of any type during the most recent 12-month licensing history.

2. (b) TRS providers with any of the critical licensing deficiencies listed in the TRS guidelines during the most recent 12-month DFPS licensing history shall have the following consequences:

   1. (1) reduction of a 4-Star Program Provider or 3-Star Program Provider to a 2-Star Program Provider; or
   2. (2) a 2-Star Program Provider shall lose certification.
3. (c) TRS providers with five or more of the high or medium-high deficiencies listed in the TRS guidelines during the most recent 12-month DFPS licensing history shall lose a star level with a 2-Star Program Provider losing certification.

4. (d) TRS providers with 10 to 14 total licensing deficiencies of any type during the most recent 12-month DFPS licensing history shall be placed on a six-month TRS program probationary period. Further:

   1. (1) TRS providers on a six-month probationary period that are re-cited by DFPS within the probationary period for any of the same deficiencies shall lose a star level with a 2-Star Program Provider losing certification;
   2. (2) if any new deficiencies--not to exceed 14 total deficiencies--are cited by DFPS during the first probationary period, a second six-month probationary period shall be established effective upon the date of final DFPS determination of the deficiencies; and
   3. (3) if any new deficiencies--not to exceed 14 total deficiencies--are cited by DFPS during the second six-month probationary period, a provider shall lose TRS certification.
5. (e) Providers losing a star level due to licensing deficiencies shall be reinstated at the former star level if the deficiency is not re-cited by DFPS within the next six months.
6. (f) Providers losing TRS certification shall not be eligible to reapply for certification sooner than 12 months following the loss of the certification.

Source Note:The provisions of this §809.132 adopted to be effective February 16, 2015, 40 TexReg 708.