: Texas Administrative Code - Home Care Information Network

: Texas Administrative Code(2) If an agency decides not to continue the application process for a renewal license after submittingthe renewal application and the renewal license fee, the agency must submit to DADS a written requestto withdraw the renewal application. DADS does not refund the renewal license fee.(3) If an agency receives a notice from DADS that some or all of the information required by thissection is missing or incomplete, the agency must submit the required information no later than 30 daysafter the date of the notice. If an agency fails to submit the required information within 30 days after thenotice date, DADS considers the renewal application incomplete and denies the application. If DADSdenies the renewal application, DADS does not refund the renewal license fee.(g) If an agency fails to make a timely and sufficient renewal application at least 30 days before theexpiration 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 anaction 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 DADSdetermines 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 payingDADS 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 licenseexpiration.(3) An agency whose license has been expired for more than 90 days must apply for an initial license inaccordance with §97.13 of this chapter (relating to Application Procedures for an Initial License).(h) If a license holder fails to timely renew a license because the license holder is or was on active dutywith the armed forces of the United States of America outside the state of Texas, the license holder mayrenew the license pursuant to this subsection.(1) An individual having power of attorney from the license holder or other authority to act on behalf ofthe license holder may request renewal of the license. The renewal application must include a currentaddress 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 holderis or was on active military duty serving outside the state of Texas must be filed with DADS along withthe renewal application.(4) A copy of the power of attorney from the license holder or other authority to act on behalf of thehttp://info.sos.state.tx.us/pls/pub/readtac$ext.TacPag...oc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=17 (2 of 3)6/1/2006 12:40:14 AM