REVISION NOTICE - Home Care Information Network

Application and Issuance of a License
(3) If an agency receives a notice from DADS that some or all of the information required by
this section is missing or incomplete, the agency must submit the required information no
later than 30 days after the date of the notice. If an agency fails to submit the required
information within 30 days after the notice date, DADS considers the renewal application
incomplete and denies the application. If DADS denies the renewal application, DADS
does not refund the renewal license fee.
(g)
(h)
If an agency fails to make a timely and sufficient renewal application at least 30 days before the
expiration date of the license, the agency must cease operation on the date the license expires.
(1) If an agency makes a timely renewal application of a license in accordance with this
section, and an action to revoke, suspend, or deny renewal of the license is pending, the
agency may continue to operate, and the license is valid until the agency has had an
opportunity for a formal hearing as described in §97.601 of this chapter (relating to
Enforcement Actions). DADS issues a renewal license only if DADS determines the
reason for the proposed action no longer exists.
(2) An agency whose license has been expired for 90 days or less may renew the license by
paying DADS a renewal fee that is one and one-half times the normally required renewal
fee established in §97.3 of this chapter (relating to License Fees). DADS notifies the
agency in writing of a pending license expiration.
(3) An agency whose license has been expired for more than 90 days must apply for an initial
license in accordance with §97.13 of this chapter (relating to Application Procedures for an
Initial License).
If a license holder fails to timely renew a license because the license holder is or was on active
duty with the armed forces of the United States of America outside the state of Texas, the license
holder may renew the license pursuant to this subsection.
(1) An individual having power of attorney from the license holder or other authority to act on
behalf of the license holder, may request renewal of the license. The renewal application
must include a current address and telephone number for the individual requesting the
renewal.
(2) An agency may request a renewal application before or after the expiration of the license.
(3) A copy of the official orders or other official military documentation showing that the
license holder is or was on active military duty serving outside the state of Texas must be
filed with DADS along with the renewal application.
(4) A copy of the power of attorney from the license holder or other authority to act on behalf
of the license holder must be filed with DADS along with the renewal form.
(5) A license holder renewing under this subsection must pay the applicable renewal fee.
(6) A license holder is not authorized to operate the agency for which the license was obtained
after the expiration of the license unless and until the license holder actually renews the
license.
(7) This subsection applies to a license holder who is an individual or a partnership comprised
of individuals, all of whom are or were on active duty with the armed forces of the United
States of America serving outside the state of Texas.
DADS / LSHCSSA 06-1 SUBCHAPTER B - 5