Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
Section 745.8313 - What factors do we consider when deciding whether to grant a waiver or variance?

Universal Citation: 26 TX Admin Code § 745.8313

Current through Reg. 50, No. 13; March 28, 2025

When deciding whether to grant a waiver or variance, we consider:

(1) Whether the minimum standard is ineligible for a waiver or variance as outlined in § 745.8303 of this subchapter (relating to What minimum standards are ineligible for a waiver or variance?);

(2) The risk to children if your operation or foster home does not meet the standard;

(3) The compliance history of your operation, including past and current enforcement actions;

(4) Any waivers or variances currently in effect;

(5) Your permit status, including if you are an applicant or have an initial license;

(6) Whether your operation is on heightened monitoring;

(7) Any economic factors or other constraints affecting your ability to comply;

(8) If the request is for a foster home, the additional factors for a foster home as required by § 745.8315 of this subchapter (relating to What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?); and

(9) Any other factor relevant to your request or operation that we identify.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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