Current through Reg. 49, No. 38; September 20, 2024
(a) License required. A person shall possess
a valid youth camp license prior to operating a youth camp.
(1) Submitting an application. An application
is made by submitting:
(A) a completed youth
camp application;
(B) an activity
schedule showing dates and detailed information about the activities that are
conducted both at the camp and at other locations;
(C) any other requested documents and
information; and
(D) paying the
license fee as described in §
265.28 of this
title (relating to Fees).
(2) Obtaining an application. A blank
application may be obtained by calling the Environmental and Sanitation
Licensing Group at (512) 834-6600 or may be downloaded from the website at
www.dshs.state.tx.us/youthcamp/default.shtm. Applications may be submitted to
the Environmental and Sanitation Licensing Group, Department of State Health
Services, Mail Code 2003, P.O. Box 149347, Austin, Texas 78714-9347.
(3) Qualifying for a youth camp license.
Subject to subsection (j) of this section, the department shall issue a license
if the facility:
(A) meets the definition of
a "Youth camp" as described in §
265.11(25)
of this title (relating to Definitions); and
(B) is in compliance, or has demonstrated a
plan for compliance, with all provisions of the Act and the rules prior to
operation as determined by:
(i) submitting a
complete application as described in paragraph (1) of this subsection;
and
(ii) passing a pre-licensing
inspection conducted by the department, using the standard youth camp
inspection form that may be found at
http://www.dshs.state.tx.us/youthcamp/forms.shtm.
(b) Processing
applications.
(1) Applications for a new
license issued under this chapter shall be submitted to the Environmental and
Sanitation Licensing Group at least 90 calendar days prior to camp
operation.
(2) The department shall
issue the new license or a written notice that the application is complete or
that the application is deficient within the following periods of time. The
department shall identify deficiencies in the notice, provide a deadline by
which the deficiencies shall be corrected, and inform the applicant of the need
for a pre-licensing inspection. Deficiencies may include the failure to provide
required information, documents, or fees. An application is not considered
complete until all required documentation, information, and fees have been
received.
(A) Letter of acceptance of
application for licensure approving the license and authorizing operation after
successfully passing the pre-licensing inspection - within 30 days after the
date of passing the pre-licensing inspection. The original license may serve as
the letter of acceptance.
(B)
Letter of application deficiency - within 30 days after receipt of a deficient
application.
(C) Letter of
pre-licensing inspection deficiency - a notice of deficiency will be issued to
the camp representative on site at the conclusion of the pre-licensing
inspection if any deficiencies were noted during the inspection. The camp shall
provide documentation that all deficiencies have been corrected within 10 days
after the inspection or prior to camp operation, whichever comes
first.
(3) In the event
that an application for a new license is not processed within the timeframe
established in paragraph (2)(A) of this subsection, and no good cause exists
for the delay, the applicant has the right to request reimbursement of all fees
paid in that particular application process so long as a complete application
was submitted at least 90 calendar days prior to camp operation. Requests for
reimbursement shall be made in writing to the Environmental and Sanitation
Licensing Group. Good cause for exceeding the time period is considered to
exist if the number of applications for licensure exceeds by 15% or more the
number of applications processed the same calendar quarter of the preceding
year or any other condition exists giving the department good cause for
exceeding the time period.
(4) If
the request for reimbursement as authorized by paragraph (3) of this subsection
is denied, the applicant may then appeal to the commissioner for a resolution
of the dispute. The applicant shall give written notice to the commissioner
requesting reimbursement of the fee paid because the application was not
processed within the established time period. The department shall submit a
written report of the facts related to the processing of the application and
good cause for exceeding the established time periods. The commissioner shall
make the final decision and provide written notification of the decision to the
applicant and to the department.
(c) Record availability. All records, except
criminal background and sex offender registration database checks (including
any written evaluation for any staff member or volunteer with a criminal
conviction or deferred adjudication), required by this subchapter shall be made
available to the department immediately upon request. Criminal background and
sex offender registration database checks (including any written evaluation for
any staff member or volunteer with a criminal conviction or deferred
adjudication) shall be made available to the department within two business
days upon request.
(d) Term of
license. The term of a youth camp license shall be one year, beginning on the
date of issuance.
(e) License
non-transferable. A youth camp license is not transferable and may not be sold,
assigned, or otherwise transferred. Any new entity that acquires the operation
of a youth camp through sale, assignment, or other transfer shall obtain a new
license.
(f) Ownership change. A
new application, fee, pre-licensing inspection, and license is required if
there is a change in ownership.
(g)
Name change. If a camp changes its name during operation, but does not change
location or ownership, then a new license certificate may be issued if
requested using the form designated by the department, available at
http://www.dshs.state.tx.us/youthcamp/forms.shtm, accompanied by a
nonrefundable fee of $20.
(h)
Location change. A new application, fee, pre-licensing inspection, and license
is required if there is a change in physical camp location.
(i) Duplicate license. A duplicate license
may be issued if requested using the form designated by the department,
available at http://www.dshs.state.tx.us/youthcamp/forms.shtm, accompanied by a
nonrefundable fee of $20.
(j)
Denials.
(1) The department may deny an
application for licensing to those who fail to meet the standards established
by the Act and this subchapter. In making this determination, the department
shall consider any violation by the applicant of the Act or this subchapter,
including whether the youth camp employs an individual who was convicted of an
act of sexual abuse, as defined by §
21.02 of the Texas Penal
Code, that occurred at the camp. When the department proposes to deny an
application, it shall give notice of the proposed action in writing and shall
provide information on how to request an administrative hearing. The applicant
shall make a written request for a hearing within 30 days from the date on the
notice letter sent by the department. The hearing shall be conducted in
accordance with the Act, the Administrative Procedure Act, Texas Government
Code, Chapter 2001, and the formal hearing procedures of the department at 25
Texas Administrative Code, §
1.21et
seq.
(2) A letter of
denial of licensure may be issued within 60 days after the receipt of
application if the applicant does not meet the requirements of subsection
(a)(3)(A) of this section.
(3) A
letter of denial of licensure may be issued if the applicant does not meet the
requirements of subsection (a)(3)(B) of this section:
(A) within 60 days following the first
scheduled date of camp operations if a pre-licensing inspection has not been
completed; or
(B) within 60 days
following the first scheduled date of camp operations if the camp does not pass
the pre-licensing inspection.
(4) A license holder whose license has been
denied or revoked may not reapply for a new license for two years from the date
of final denial or revocation.
(k) Refunds.
(1) If the applicant does not meet the
requirements of subsection (a)(3)(A) of this section, the application may be
denied and the license fee, less a handling fee of $50, may be refunded. If an
application is denied because the facility does not meet the requirements of
subsection (a)(3)(A) of this section, the applicant should determine if a
license from another agency is required.
(2) If the applicant does not meet the
requirements of subsection (a)(3)(B) of this section, the application may be
denied and the license fee may not be refunded.
