Current through Reg. 49, No. 38; September 20, 2024
(a) Renewal of a youth camp license. A person
holding a license under the Act shall renew the license annually before the
license expires.
(b) Renewal
notice. At least 60 days before a license expires, the department, as a service
to the licensee, may send a renewal notice to the licensee or registrant to the
last known address of the licensee. It remains the responsibility of the
licensee to keep the department informed of the licensee's current address and
to take action to renew the license whether or not they have received the
notification from the department. The renewal notice shall state:
(1) the type of license requiring
renewal;
(2) the time period
allowed for renewal; and
(3) the
amount of the renewal fee.
(c) Renewal requirements. Renewal
applications and fees shall be submitted to the department prior to the
license's annual expiration date.
(1)
Submitting an application. A renewal application is made by submitting:
(A) a completed youth camp renewal
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
renewal license fee as described in §
265.28 of this
title (relating to Fees).
(2) Obtaining an application. A blank renewal
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. Renewal 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
renewal of a youth camp license. Subject to subsection (k) of this section, the
department shall issue a renewal 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 with all provisions of
the Act and the rules prior to operation as determined by:
(i) submitting a complete renewal application
as described in this subsection;
(ii) passing a pre-licensing inspection
conducted by the department, if required; and
(iii) complying with all final orders
resulting from any violations of this subchapter before the application for
renewal is submitted.
(d) Processing renewal applications.
(1) Applications for license renewal under
this subchapter shall be received by the Environmental and Sanitation Licensing
Group prior to the expiration date of the license or 45 days prior to camp
operation, whichever is earlier.
(2) The department shall issue the renewal
license or a written notice that the renewal application is complete or that
the renewal application is deficient within the following periods of time from
the date of receipt of the renewal application. The department shall identify
deficiencies in the notice and provide a deadline by which the deficiencies
shall be corrected in order for the department to renew the license or to
schedule the pre-licensing inspection if required. Deficiencies may include the
failure to provide required information, documents, or fees, or the failure to
schedule or successfully pass the pre-licensing inspection if required. An
application is not considered complete until all required documentation,
information, and fees have been received. If a camp is subject to pre-licensing
inspection, the time period for issuing a letter of acceptance of application
for license renewal begins upon successfully passing inspection.
(A) Letter of acceptance of application for
license renewal approving the license and authorizing operation - within 30
days. The original license may serve as the letter of acceptance.
(B) Letter of renewal application deficiency
- within 30 days after receipt of a deficient renewal 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 a timely and complete
application for license renewal is not processed within 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. 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.
(e) Late
renewal. If a license is not renewed within one year after the expiration date,
the license may not be renewed. A new license may be obtained by submitting a
new application in compliance with §
265.23
of this title (relating to Application and Denial of a New License;
Non-transferable). If the license is renewed after its expiration date, the
renewed license shall expire on the date the license would have expired had it
been renewed timely.
(f)
Non-renewal. The department may refuse to renew a license if the applicant has
not complied with all final orders resulting from any violations of these
sections. Eligibility for license renewal may be reestablished by meeting all
conditions of the orders and complying with the requirements of this section.
The department may not renew the license of a youth camp that has not corrected
deficiencies identified in a final order before the application for renewal is
submitted. Evidence of corrections, such as photography or documentation
satisfactory to the department, shall be submitted to and approved by the
Environmental and Sanitation Business Filing and Verification Unit prior to
submitting the renewal application to the Business Filing and Verification
Section of the Consumer Protection Division.
(g) Application determination affecting
license expiration. If a license holder makes timely and sufficient application
for the renewal of a license, the existing license does not expire until the
application has been finally determined by the department. If the application
is denied, the existing license does not expire until the last day for seeking
review of the agency order or a later date fixed by order of the reviewing
court.
(h) Reapplication for
license upon denial or revocation. 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.
(i)
Opportunity for a hearing. When the department proposes to deny an initial or
renewal 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.
(j) Pre-licensing inspections. A youth camp
applying for a license renewal may be subject to a pre-licensing inspection.
Youth camps shall be in compliance with all provisions of the Act and the rules
prior to operation.
(k) Denials.
(1) The department may deny a renewal
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 violations by the youth camp of the Act and 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. Prior to denying a renewal license, the
department shall give the applicant an opportunity for a hearing. 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 license renewal may be issued within 60 days of the receipt of
application if the applicant does not meet the requirements of subsection
(c)(3)(A) of this section.
(3) A
letter of denial of license renewal may be issued within 60 days following the
first scheduled date of camp operations if the applicant does not meet the
requirements of subsection (c)(3)(B) of this section.
(l) Refunds.
(1) If the applicant does not meet the
requirements of subsection (c)(3)(A) of this section, the renewal application
may be denied and the renewal license fee, less a handling fee of $50, may be
refunded. If an applicant is denied because the facility does not meet the
requirements of subsection (c)(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 (c)(3)(B) of this section, the renewal application
may be denied and the renewal license fee may not be refunded.
