Pascal Bergeron
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a. An applicant must complete the DADS pre-licensure training course before submitting an
application for an initial license. An applicant that is currently licensed under Texas
Health and Safety Code, Chapter 247 is exempt from this requirement.
b. An applicant for an initial license must submit an application in accordance with §92.12
of this subchapter (relating to General Application Requirements) and include the fees
required in §92.4 of this chapter (relating to License Fees).
c. DADS reviews an application for an initial license within 30 days after the date DADS’
Licensing and Credentialing Section receives the application and notifies the applicant if
additional information is needed to complete the application.
d. The applicant must send written notice to DADS indicating that the facility is ready for a
Life Safety Code (LSC) inspection. The written notice must be submitted with the
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application or within 120 days after DADS’ Licensing and Credentialing Section receives
the application. After DADS has received the written notice and the applicant has
satisfied the application submission requirements in §92.11 of this subchapter (relating to
Criteria for Licensing) and §92.12 of this subchapter, DADS staff conduct an on-site LSC
inspection of the facility to determine if the facility meets the licensure requirements in
Subchapter D of this chapter (relating to Facility Construction).
e. If the facility fails to meet the licensure requirements within 120 days after the initial
LSC inspection, DADS denies the application for a license.
f. After a facility has met the licensure requirements in Subchapter D of this chapter
(relating to Facility Construction) and has admitted at least one but no more than three
residents, the applicant must send a written notice to DADS indicating the facility is
ready for a health inspection.
1. DADS staff conduct an on-site health inspection to determine if the facility meets
the licensure requirements for standards of operation and resident care in
Subchapter C of this chapter (relating to Standards for Licensure).
2. If the facility fails to meet the licensure requirements for standards of operation
and resident care within 120 days after the initial health inspection, DADS denies
the application for a license.
g. DADS issues a license within 30 days after DADS determines that the applicant and the
facility have met the licensure requirements of this section. The issuance of a license
constitutes DADS’ official written notice to the facility of the approval of the application.
h. DADS may deny an application for an initial license if the applicant, controlling person,
or any person required to submit background and qualification information fails to meet
the criteria for a license established in §92.11 of this subchapter.
i. If DADS denies an application for an initial license, DADS sends the applicant a written
notice of the denial and informs the applicant of the applicant’s 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 at 1 TAC Chapter
357, Subchapter I (relating to Hearings Under the Administrative Procedure Act)

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