Current through Reg. 49, No. 38; September 20, 2024
(a) Health and
Safety Code, Chapter 147, requires the licensing of all facilities used for
housing seasonal or temporary agricultural workers.
(b) Any person who wants to apply for a
license to operate a facility may obtain the application form from the General
Sanitation Division of the department.
(c) An application must be submitted to the
General Sanitation Division at least 45 days prior to the intended operation of
the facility, but no more than 60 days.
(d) Term, Expiration, and Fee Schedule. Prior
to January 1, 2005, the term of all licenses is one year and expires on the
anniversary of the effective date, unless renewed. Effective January 1, 2005,
the term of all licenses is two years. Some licenses will be renewed for a
one-year term in 2005, in a manner to be determined by the department and two
years thereafter. The schedule of fees is as follows:
(1) Initial fee:
(A) for a one year term is $600;
and
(B) for a two year term is
$1,200.
(2) Renewal fee:
(A) for a one year term is $600;
and
(B) for a two year term is
$1,200.
(3) Texas Online
Fees. The department is authorized to collect subscription and convenience fee,
in amounts determined by the Texas Online Authority, to recover costs
associated with processing license and registration applications specified
under this subchapter through Texas Online, in accordance with the Texas
Government Code, Chapter 2054, §2054.111 (relating to Use of Texas Online
Project).
(4) Fees shall be
tendered by check or money order payable to the Department of State Health
Services.
(e) Within 30
days of the receipt of a complete application and fee, the facility shall be
inspected by an authorized representative of the department.
(1) If the facility meets the minimum
standards of construction, sanitation, equipment, and operation required by
§§
265.31-
265.33
of this title (relating to General Provision; Definitions; and Site and
Physical Facilities), the commissioner of health shall issue to the applicant,
in the name of the Texas Department of Health, a license to operate a migrant
labor housing facility.
(2) If the
facility does not meet the minimum standards of construction, sanitation,
equipment, and operation required by §§
265.31-
265.33
of this title (relating to General Provisions; Definitions; and Site and
Physical Facilities), the department will provide to the applicant, at the time
of the inspection, a list of deficiencies. In order to expedite occupancy, the
applicant may request the department to reinspect the facility as soon as the
deficiencies are corrected or request the department to reinspect the facility
within 60 days of the date of the initial inspection. If the facility does not
meet the standards upon reinspection, a new application and fee must be
submitted.
(f) A license
shall be nontransferable.
(g)
Correspondence should be addressed to the Division Director, General Sanitation
Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756.
(h) Applications for a
license to operate a migrant labor housing facility shall be processed in
accordance with the following time periods.
(1) Within 14 days of the date of receipt of
an application and license fee, the department shall issue a written notice
informing the applicant that the application is complete and accepted for
filing, or that the application is deficient and specific additional
information is required.
(2) Within
60 days from the date the filing of a complete application is received, the
department will issue written notice approving or denying licensure of the
facility.
(3) The time period to
process an application will be 120 days from the date of receipt of a complete
application to the day of licensure decision for facilities inspected after the
complete application was received and found not to meet standards and for which
a reinspection was requested.
(i) Reimbursement of fees shall be as
follows.
(1) In the event the application is
not processed in the time periods as stated in subsection (h) of this section,
the applicant has the right to request of the administrator full reimbursement
of the license fee paid in the program application process. If the
administrator does not agree that the established periods have been violated or
finds that good cause existed for exceeding the established periods, the
request will be denied.
(2) Good
cause for exceeding the period established is considered to exist if:
(A) the number of applications to be
processed exceeds 15% or more the number processed in the same calendar quarter
the preceding year.
(B) another
public or private enterprise utilized in the process caused the
delay;
(C) other conditions existed
giving good cause for exceeding the established periods.
(j) Appeals concerning
reimbursement of fees shall be as follows:
(1) If the request for full reimbursement
authorized by subsection (i) of this section is denied, the applicant may
appeal directly to the Commissioner of Health for a resolution of the
dispute.
(2) The appeal shall be in
the form of a written statement to the commissioner describing the reasons why
the applicant considers that the fees should be reimbursed.
(3) The program administrator also may submit
to the commissioner a written statement describing the reasons for denying
reimbursement.
(4) The commissioner
shall make a timely decision and notify the applicant in writing of the
decisions.
(k) If a
contested case hearing is necessary during the application procedure described
in subsections (h) - (j) of this section, the time periods for the hearing
shall be in addition to the other times.
