Licensing Policy and Procedure Handbook Revision November 2011
This revision of the Licensing Policy and Procedures Handbook was published on November 1, 2011.
Clarifying Policy on Administrative Reviews – Timeframes and Complete Requests
Deletion of Listed Home Investigation Reference
Listed Family Homes Now Subject to Administrative Penalties
Removal of CPA Branch Notification Requirement
Licensed Administrator Remedial Action
Clarifying Policy on Administrative Reviews – Timeframes and Complete Requests
The items below are revised to clarify the policies and procedures on:
• determining the timeframe within which to request an administrative review;
• determining what constitutes a complete request for an administrative review; and
• managing complete and incomplete requests for administrative reviews.
Display of Revisions with Changes Highlighted (Word Document)
See:
7711.3 Explaining the Right to an Administrative Review
7711.4 Waiving the Right to an Administrative Review
7713 Receiving a Request for an Administrative Review
7713.1 Determining Whether a Request for an Administrative Review Meets the Due Date
7713.11 When the Request for an Administrative Review Meets the Due Date
7713.12 When the Request for an Administrative Review Does Not Meet the Due Date
7713.2 Determining Whether a Request for an Administrative Review Is Complete
7713.21 When a Request for an Administrative Review Is Complete
7713.22 When a Request for an Administrative Review Is Incomplete
7713.23 Determining Whether the Information Missing From a Request for an Administrative Review Is Received by the Due Date
7713.24 When the Information Missing From a Request for an Administrative Review Is Received by the Due Date
7713.25 When the Information Missing From a Request for an Administrative Review Is Not Received by the Due Date
7717 Notifying a Requestor About the Outcome of an Administrative Review
Deletion of Listed Home Investigation Reference
Licensing is deleting the reference to listed home investigations in LPPH 4110 because:
• the 4000 section is about inspections, not investigations
• the information is found in the investigation section of the handbook (LPPH 6000)
Therefore, having the information in the 4000 section is misplaced and duplicative. See:
4110 The Authority to Monitor Child Care in Texas
Listed Family Homes Now Subject to Administrative Penalties
Section 9 of SB 1178 (82nd Legislature), amending the Human Resources Code §42.078, makes listed family homes subject to administrative penalties assessed by Licensing. This policy revision removes the language prohibiting Licensing from assessing administrative penalties to listed family homes. See:
7510 Evaluating the Need for Administrative Penalties
Removal of CPA Branch Notification Requirement
The item below is revised to reflect changes in the RCCL standards effective September 2010. It is no longer required that staff inform applicants, permit holders, or governing body designees that a separate CPA license must be obtained for each region in which the CPA operates. Therefore, that requirement was deleted from policy. See:
3314 Explaining Governing Body Responsibilities — License or Certificate
Licensed Administrator Remedial Action
The item below is revised to add a reference to the Human Resources Code §43.010. It is also revised to change the reference of the "Licensed Administrator database" to the "CLASS system" because the Licensed Administrator information was added to CLASS in September 2010, ending the use of the database. See:
9620 Choosing a Remedial Action for an Administrator’s License