: Texas Administrative Code - Home Care Information Network

: Texas Administrative CodeTITLE 40PART 1CHAPTER 97SUBCHAPTER BRULE §97.25SOCIAL SERVICES AND ASSISTANCEDEPARTMENT OF AGING AND DISABILITY SERVICESLICENSING STANDARDS FOR HOME ANDCOMMUNITY SUPPORT SERVICES AGENCIESCRITERIA AND ELIGIBILITY, APPLICATIONPROCEDURES, AND ISSUANCE OF A LICENSEApplication Procedures and Requirements for Change ofOwnership(a) An application for an initial license resulting from a change of ownership must be requested at least60 days before the effective date of the change of ownership.(1) To avoid a gap in the license period, a prospective new owner must submit a complete and correctapplication packet for a license and the appropriate license fee to DADS at least 30 days before theanticipated date of sale or other transfer of ownership, and before expiration date of the license.(2) An applicant must submit a complete and correct application packet to DADS in accordance withthe instructions provided with the application packet.(3) An applicant must meet the criteria for a license as described in §97.11 of the chapter (relating toCriteria and Eligibility for Licensing).(4) If an applicant submits a timely and sufficient application packet and license fee and meets allcriteria for a license, DADS issues the applicant a license effective on the date of the transfer ofownership. DADS considers an applicant to have filed a timely and sufficient application for a license ifthe applicant submits:(A) a complete and correct application packet and license fee to DADS that is postmarked at least 30days before the anticipated date of sale or other transfer of ownership, and before the expiration date ofthe license;(B) an incomplete application packet and license fee to DADS with a letter explaining thecircumstances that prevented its completion that is postmarked at least 30 days before the anticipateddate of sale or other transfer of ownership, and before the expiration date of the license; and DADSaccepts the explanation. The applicant must submit the missing information to DADS within 30 daysafter the date of the letter;(C) a complete and correct application packet and license fee to DADS that is postmarked less than 30http://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=25 (1 of 3)6/1/2006 12:40:53 AM