Pascal Bergeron
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a. A license issued under this chapter:
1. expires two years after the date issued;
2. must be renewed before the license expiration date; and
3. is not automatically renewed.
b. An application for renewal must comply with the requirements of §92.12 of this
subchapter (relating to General Application Requirements) and §92.13 of this subchapter
(relating to Time Periods for Processing All Types of License Applications). The
submission of a license fee alone does not constitute an application for renewal.
c. To renew a license, a license holder must submit an application for renewal with DADS
before the expiration date. DADS considers the license holder has met the renewal
application submission deadline if the license holder submits to DADS:
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1. a complete application for renewal no later than 45 days before the expiration of
the current license;
2. an incomplete application for renewal, with a letter explaining the circumstances
that prevented the inclusion of the missing information, and DADS receives the
incomplete application and the letter no later than 45 days before the expiration of
the current license; or
3. a complete application or an incomplete application with a letter explaining the
circumstances that prevented the inclusion of the missing information to DADS,
and DADS receives the application during the 45-day period ending on the date
the current license expires, and the license holder pays the late fee established in
§92.4(b) of this chapter (relating to License Fees) in addition to the basic renewal
fee.
d. If the application is postmarked on or before the submission deadline, the application is
considered to be timely if it is received in DADS Licensing and Credentialing Section,
Regulatory Services Division, within 15 days after the date of the postmark, or within 30
days after the date of the postmark and the license holder proves to the satisfaction of
DADS that the delay was due to the shipper. It is the license holder’s responsibility to
ensure that the application is timely received by DADS.
e. For purposes of Texas Government Code, §2001.054, DADS considers that an individual
has submitted a timely and sufficient application for the renewal of a license if the license
holder’s application has met the submission deadlines in subsections (c) and (d) of this
section. Failure to submit a timely and sufficient application will result in the expiration
of the license.
f. An application for renewal submitted after the expiration date of the license is considered
to be an application for an initial license and must comply with the requirements for an
initial license in §92.14 of this subchapter (relating to Initial License Application
Procedures and Requirements).
g. DADS reviews an application for a renewal 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.
h. A license holder applying for license renewal must affirmatively show that the facility
meets DADS licensing standards based on an on-site inspection by DADS, which must
include an observation of the care of a resident.
i. If an applicant is relying on §92.11(c)(2) of this subchapter (relating to Criteria for
Licensing) to comply with the requirements for licensure, the application for the renewal
of a license must include a copy of the license holder’s required accreditation report from
the accreditation commission.
j. DADS may pend action on an application for the renewal of a license for up to six
months if the facility has not met licensure requirements during an on-site inspection.
k. The issuance of a license constitutes DADS official written notice to the facility of the
approval of the application.
l. DADS may deny an application for the renewal of a 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.
m. Before denying an application for renewal of a license, DADS gives the license holder:
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1. notice by personal service or by registered or certified mail of the facts or conduct
alleged to warrant the proposed action; and
2. an opportunity to show compliance with all requirements of law for the retention
of the license.
n. To request an opportunity to show compliance, the license holder must send its written
request to the director of the Enforcement Section, Regulatory Services Division. The
request must:
1. be postmarked within 10 days after the date of DADS notice and be received in
the office of the director of the Enforcement Section, Regulatory Services
Division, within 10 days after the date of the postmark; and
2. contain specific documentation refuting DADS allegations.
o. The opportunity to show compliance is limited to a review of documentation submitted
by the license holder and information DADS used as the basis for its proposed action and
is not conducted as an adversary hearing. DADS gives the license holder a written
affirmation or reversal of the proposed action.
p. If DADS denies an application for the renewal of a license, the applicant may request:
1. an informal reconsideration by the Health and Human Services Commission; and
2. an administrative hearing or binding arbitration, as described in 92.601

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