Texas Human Resources Code
§ 42.072 — LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION
HR § 42.072Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · Ch. 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES · Art. D. REMEDIES
Statute text
View on source(a)The commission may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home that does not comply with the requirements of this chapter, commission standards and rules, or the specific terms of the license, listing, registration, or certification. The commission may revoke the probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions of probation.
(b)If the commission proposes to take an action under Subsection (a), the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code. An action under this section, including a revocation of a person's license, is a contested case as defined by Chapter 2001, Government Code, and is subject to judicial review under the substantial evidence rule in accordance with that chapter. Rules of practice adopted by the executive commissioner under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
(c)The commission may not issue a license, listing, registration, or certification to a person whose license, listing, registration, or certification is revoked or not renewed, whose application for a license, listing, registration, or certification is denied for a substantive reason under this chapter, or who in lieu of disciplinary action voluntarily closed a facility or family home or relinquished the person's license, listing, registration, or certification before the fifth anniversary of the date on which:
(1)the revocation or nonrenewal takes effect by commission or court order;
(2)the decision to deny the application is final;
(3)the facility or family home is closed; or
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Legislative history
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.107, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 3, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 13, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 8, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.237, eff. April 2, 2015. Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 8, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 8, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 372 (S.B. 764), Sec. 1, eff. September 1, 2021.