9000, Licensed Administrators

9100, Overview of the Administrator’s License Program

April 2022

Administrators of residential child care operations have daily supervision and overall administrative responsibility for the operation for which they are designated. They are responsible for ensuring that the operation complies with Chapter 42 of the Human Resources Code, applicable minimum standards, and other applicable rules and laws. The administrators are also responsible for the operation’s program(s) and personnel, regardless of whether the person has an ownership interest in the operation or shares duties with anyone.

A person may not serve as the administrator of a general residential operation without a Child Care Administrator’s License, unless the applicant is a military spouse currently licensed in good standing in another state that has licensing requirements that are substantially equivalent and meets certain other requirements.

A person may not serve as the administrator of a child-placing agency without a Child-Placing Agency Administrator’s License, unless the applicant is a military spouse currently licensed in good standing in another state that has licensing requirements that are substantially equivalent and meets certain other requirements.

Texas Human Resources Code, §43.003

26 Texas Administrative Code, Chapter 745, Subchapter N

26 TAC §§748.535; 749.635

Resources

The Licensed Administrator program offers these online resources:

9110 Documents Required for a Complete Licensed Administrator’s Application

April 2022

A complete application for an administrator’s license includes all of the following:

A completed Form 3015, Application for a Child Care Administrator License or a Child-Placing Agency Administrator License;
A transcript or letter of verification from the appropriate educational institution;
Two professional references (Form 3016, Administrator Licensing – Reference for an Applicant, to be completed by references);
An employer reference that documents one year of supervisory experience (Form 3016, to be completed by employer);
The application fee, unless the fee was waived (see 9350 Waiving Application and Exam Fees for an Applicant Who is a Military Member, Military Spouse or Military Veteran);
A notarized affidavit documenting background information on Form 2985, Affidavit for Applicants for Employment with a Licensed Operation or Registered Child Care Home, provided by HHSC;
A completed background check request (Form 3017, Child Care Regulation Request for Background Checks for an Administrator’s License);
Submitted fingerprint checks, unless the applicant has previously undergone a fingerprint-based criminal history check that remains valid (see 10121 Persons For Whom Operations Must Submit Requests for Background Checks);
The fee for a background check;
Any supporting documentation to verify the information provided on the application; and
If the applicant is a military member, military spouse or military veteran, all items listed in 9310 Additional Required Documentation if the Applicant is a Military Member, Military Spouse or Military Veteran Requesting Expedited License or Special Considerations.

26 TAC §§745.625; 745.8933; 745.8934

9120 Processing an Administrator’s License Application

April 2022

Procedure

After receiving an application for an administrator’s license, the CCR program specialist responsible for the licensed administrator program processes the application by:

determining if the application is complete;
determining if the applicant is eligible to take the license examination; and
updating the application status in CLASS.

Updating the application status in CLASS generates an email notifying the applicant whether:

CCR received a complete application, including the required supporting documents/forms and fees, and determined the applicant meets the initial qualifications and is eligible to take the licensing examination;
CCR received complete application materials and fees, and the applicant does not meet the initial qualifications and is not eligible to take the licensing examination; or
CCR determined the application is pending because it is incomplete and either the application, supporting documents/forms or the fees were not submitted, or do not show compliance with relevant statutes and rules.

Time Frames for Processing an Administrator’s License Application

If the applicant is not a military member, military spouse or military veteran, the CCR program specialist responsible for the licensed administrator program processes the application within 21 days of the date the application was received.

If the applicant is a military member, military spouse or military veteran, the CCR program specialist responsible for the licensed administrator program expedites the application and processes it according to the time frames in 9320 Expedited Licensure if the Applicant is a Military Member, Military Spouse or Military Veteran.

26 TAC §745.8933

9121 Applications that Remain Incomplete for 12 Months

April 2022

If a licensed administrator application remains incomplete for 12 months:

the application expires;
the applicant may not apply again for one year from the date that the incomplete application expired; and
CLASS shows the application has the status of Lapsed, which triggers the system to generate and send an email to the applicant.

9200, Applicants Who Have an Administrator’s License from Another State

April 2022

CCR staff may waive any prerequisite for an applicant to get an administrator’s license if the applicant has a valid administrator’s license from another state and:

the other state’s license requirements are substantially equivalent to the requirements for a license under 26 TAC §745.8914; or
there is a reciprocity agreement between Texas and the other state.

CCR staff may issue a provisional child care administrator’s license to an applicant licensed in another state who applies for a license in Texas. See 9510 Issuance of a Provisional Child Care Administrator’s License.

Texas Human Resources Code §§43.0042; 43.0081

26 TAC §745.8913

9300, Applicant is a Military Member, Military Spouse or Military Veteran

9310 Additional Required Documentation if the Applicant is a Military Member, Military Spouse, or Military Veteran Requesting Expedited Licensure or Special Considerations

April 2022

In addition to the required application materials listed in 9110 Documents Required for a Complete Administrator’s Application, a military member, military spouse or military veteran requesting expedited licensure or special considerations must submit:

documentation demonstrating the applicant’s status as a military member, military spouse or military veteran, which may include:
- any recent military orders;
- a copy of the most recent Permanent Change of station (PCS) travel order to Texas;
- a marriage certificate;
- a valid military ID;
- military discharge papers; or
- a Veterans Affairs ID card;
documentation related to an administrator’s license or any other professional or occupational license the applicant currently holds outside of Texas, if applicable;
a copy of the regulations pertaining to the current out-of-state administrator's license, if applicable; and
any additional documentation, as applicable, to determine whether the applicant:
- meets a licensing requirement through some alternative method; or
- has prior military service, training, education, or clinical or professional experience that may be credited toward or substituted for a licensing requirement.

26 TAC §745.9026, 745.9027

9320 Expedited Licensure if the Applicant is a Military Member, Military Spouse or Military Veteran

April 2022

CCR staff expedite the application process when the applicant is a military member, military spouse or military veteran. Staff must process a complete application as soon as possible, but no later than 21 days after receiving the application unless staff have good cause for exceeding the time frame.

26 TAC §§745.8951; 745.8969, 745.9028

See also 9120 Processing an Administrator’s License Application

9330 Special Considerations for an Applicant Who is a Military Member, Military Spouse or Military Veteran

April 2022

The Associate Commissioner for CCR or designee may waive any prerequisite for a military member, military spouse or military veteran to get an administrator's license if the applicant:

currently holds a valid administrator’s license in another state whose license requirements are substantially equivalent to the requirements for a license in Texas, as described in 26 TAC §745.8914; or
held an administrator’s license in Texas within five years preceding the application date, and the credentials provide compelling justification that the applicant is qualified to act as a licensed administrator.

The Associate Commissioner for CCR or designee may also:

credit a military member, military spouse or military veteran for verified military service, training, education, or clinical or professional experience that meets a requirement for a license; or
substitute any demonstrated competency a military member, military spouse or military veteran has that the Associate Commissioner or designee determines to meet the requirements, other than the exam requirement.

The applicant is not eligible to receive the credit:

based on an administrator’s license in another jurisdiction that is restricted and, therefore, not substantially equivalent to an administrator's license in Texas; or
if the applicant has criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

A license issued after granting any of these considerations would be considered a full license and not a provisional one.

26 TAC §§745.775; 745.8913; 745.8914, 745.9026

9331 Special Considerations When a Military Member Applies to Renew

April 2022

A military member's administrator's license is no longer valid after two years, but the license will be considered dormant until its renewal is requested or for two additional years, whichever comes first.

Additionally, the following considerations are applicable to the renewal of a military member's administrator's license:

No continuing education will be required prior to renewal; and
Late renewal fees under 26 TAC §745.9003(a)(2) and (3) will be waived if failure to renew the license on time was due to a military member's service.

To be eligible for these considerations, the military member must not have criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

26 TAC §§745.775; 745.9029

9340 Approving a Military Spouse to Act as an Administrator Without a License

April 2022

CCR may approve a military spouse who has a substantially equivalent license in another state that is in good standing to act as an administrator for a general residential operation, child-placing agency, or both, for up to three years without a license.

9341 Documentation a Military Spouse Must Submit Before Being Approved to Act as an Administrator Without a License

April 2022

A complete application for a military spouse to act as an administrator without a license must include:

Form 3015, Application for a Child Care Administrator License or a Child-Placing Agency Administrator License, with only Sections I, VIII and X completed.
A copy of the applicant’s valid military identification card to demonstrate status as a military spouse;
A letter indicating the applicant’s intent to act as an administrator for a general residential operation, child-placing agency, or both in this state;
Documentation of the applicant’s residency in Texas, including a copy of the permanent change of station order for the military member to whom the applicant is married;
Proof of the applicant’s administrator’s license or any other professional or occupational license currently held in the other state; and
A copy of the regulations pertaining to the current license in the other state or a web address where the regulations can be found.

26 TAC §745.9030

9342 Evaluating Whether to Approve a Military Spouse to Act as an Administrator Without a License

April 2022

After receiving the required documentation, CCR staff:

follows procedures in 9120 Processing an Administrator’s License Application to process the application and determines if the application is complete and the documentation is accurate and meets the requirements in 9200 Applicants Who Have an Administrator’s License from Another State;
determines whether the applicant’s license in the other state is a valid administrator’s license based on whether:
- the other state’s licensing requirements are substantially equivalent to the requirements for a license in Texas, as described in §745.8914;
- the license in the other state is valid, active, and current; and
- there is no current disciplinary action or corrective action pending or attached to the license.

9343 Notification of CCR’s Decision for a Military Spouse to Act as an Administrator Without a License

April 2022

CCR notifies the applicant once a determination is made to approve or deny the application. If approved, the person must adhere to applicable laws and regulations, including those related to:

Administrator’s Licensing in 26 TAC Chapter 745, Subchapter N, Division 4 (with the exception of §§745.8991 - 745.9019 of Division 4, Renewing Your Administrator License) and Chapter 43 Human Resources Code;
Background Checks of 26 TAC Chapter 745, Subchapter F; and
Minimum standards for general residential operations in 26 TAC Chapter 748 and child-placing agencies in 26 TAC Chapter 749, as applicable depending on the type of operation where the applicant serves as an administrator.

9344 Expiration of an Authorization for a Military Spouse to Act as an Administrator Without a License

April 2022

CCR approval for a person to act as an administrator expires on the:

date the military member is no longer stationed at a military installation in this state; or
third anniversary of the date when CCR notified the military spouse of the approval.

CCR may revoke the approval to act as an administrator for any reason noted in 9700 Remedial Action on an Administrator’s License.

26 TAC §745.9030

9350 Waiving Application and Exam Fees for an Applicant Who is a Military Member, Military Spouse or Military Veteran

April 2022

CCR waives application and exam fees for:

a military member, military spouse or military veteran whose military service, training, education, or clinical or professional experience substantially meets the qualifications for an administrator's license; or
a military member, military spouse or military veteran who holds a current license issued by another state whose license requirements are substantially equivalent to the requirements for a license in Texas, as described in 26 TAC §745.8914.

26 TAC §745.9026

9400, Fees for Administrators

9410 Administrator's License – Fee Chart

February 2020

The following chart contains application, examination, and renewal fees required for an administrator’s license. An administrator’s license may not be renewed unless the required training documentation is submitted with the fee.

Type and Amount of Fee	When to Notify Operation	When Fee is Due	Consequence if Operation Fails to Meet Time Frames
Application: $100	Inquiry, preapplication, or application	Application acceptance date	Return application as incomplete
Examination: $50	Inquiry, preapplication, or application	Upon registration and scheduling of examination via UT Arlington’s Professional Development Program	Do not schedule for test
Replacement: $5	When requesting a replacement or copies	Before issuance	Do not issue
Active Renewal: Renewing by the expiration date: $50 Renewing within 90 days after the expiration date: $75 Renewing after 90 days but less than one year after expiration date: $100 Inactive Renewal: Renewing by expiration date: $25 Renewing within 90 days after expiration date: $37.50 Renewing after 90 days but less than one year after expiration date: $50	Application for renewal	Before issuance	Do not issue renewal
Change of status from Inactive to Active in the middle of a renewal cycle: $25	Submission of written request	Before change of status	Do not change status
Change of status from Active to Inactive in the middle of a renewal cycle: $25	Submission of written request	Before change of status	Do not change status

Texas Human Resources Code §43.006

26 TAC §§745.8931; 745.8933; 745.9003; 745.9005

9500, Issuing a Child Care Administrator’s License

February 2020

CCR staff will issue a child care administrator’s license if:

the applicant’s background check results do not contain criminal history or central registry findings that preclude the person from receiving a license;
the applicant has the academic and experience requirements for an administrator’s license;
the applicant passes the licensing administrator’s examination;
the applicant pays the application and background check fees; and
the applicant meets any other child care administrator’s license requirements.

If the applicant does not meet the requirements to receive a child care administrator’s license, CCR staff may deny the application.

In addition to the administrator’s licensing background check process required in 9110 Documents Required for a Complete Licensed Administrator’s Application, the operation where the person works must request a background check as required in 10121 Persons for Whom Operations Must Submit Requests for Background Checks.

See 9700 Remedial Action on an Administrator’s License

Texas Human Resources Code §43.004

26 TAC §§745.775; 745.8933

9510 Issuance of a Provisional Child Care Administrator’s License

February 2020

A provisional child care administrator’s license is granted for a limited time pending the issuance of a full child care administrator’s license.

Licensing staff may issue a provisional child care administrator’s license to an applicant who:

is licensed in good standing as a child care administrator for at least two years in another state, the District of Columbia, a foreign country or a territory of the United States that has licensing requirements that are substantially equivalent to those in Texas;
has passed a national or other examination recognized by Licensing that demonstrates competence in the field of child care administration; and
is sponsored by a person licensed as a child care administrator in the state of Texas. However, if Licensing staff determines the requirement to obtain a sponsor constitutes a hardship to the applicant, this requirement may be waived.

Texas Human Resources Code §43.0081

26 TAC §745.8913

9511 Time Limit for a Provisional Child Care Administrator’s License

February 2020

A provisional license is valid until the date the applicant is granted or denied a child care administrator’s license.

Licensing must process a provisional child care administrator’s license holder’s application for an administrator’s license no later than the 180th day after the date the provisional license is issued. Licensing may only extend the 180-day limit if the results of the license holder’s examination have not been received by Licensing.

Procedure

Licensing staff will issue a child care administrator’s license when the applicant meets the requirements in 9500 Issuing a Child Care Administrator’s License.

Texas Human Resources Code §43.0081

9600, Renewing an Administrator’s License

9610 Training Requirements for an Administrator’s License

February 2020

Licensing staff review training documentation submitted by licensed administrators before approving a request to renew an administrator’s license.

Procedure

Staff review training documentation to ensure the following:

The licensed administrator obtained 15 hours of training each year of the two-year renewal cycle.
The training was designed for professional-level staff. Training designed for direct care staff is not acceptable.
The training was directly related to residential child care or business management.
The subject of the training was not an organization’s policies and procedures.
The licensed administrator participated in the training. Training credit is not given for presenting training to others.

For more information on training requirements, see LCC or LCP Agency Administrator FAQs.

If a licensed administrator has not submitted enough acceptable training for each of the two years in his or her renewal cycle:

Licensing staff contact the administrator and ask him or her to submit additional training documentation.
Licensing staff generate and send a letter to the administrator notifying him or her that the renewal is pending, due to insufficient training hours.
If the administrator cannot submit documentation verifying that training requirements were met, Licensing staff ask the administrator to confirm in writing that he or she has no other training documentation to submit for the time period.
Remedial action is taken. See 9700 Remedial Action on an Administrator’s License.

9620 Inactive Status for an Administrator’s License

February 2020

Licensed administrators who are on inactive status for an entire renewal period are not required to submit training documentation for that period.

If an administrator was on active status for only a portion of the renewal period, the training requirement is prorated.

Administrators on inactive status pay lower renewal fees and are not required to undergo a background check.

Procedure

A licensed administrator must submit in writing, along with Form 3014, Administrator License – Renewal or Status Change, a request to change his or her license status in writing. Licensing must have a written record of the requests in order to prevent miscommunication and to hold the licensed administrator accountable for training requirements. (Emails and faxes are considered written requests.)

When an administrator switches from inactive to active status in the middle of a renewal period, he or she must pay the appropriate fee and submit a background check request. The training requirement is prorated at 1.25 hour per each active month. For example, if an administrator switches to inactive status six months after renewing his or her license, and the status remains inactive for the rest of the renewal period, only 7.5 hours of training is required. (For an additional example, see 9630 Renewal Fees for an Administrator’s License.)

See Texas Administrative Code, §745.9007, for details on changing a license status from inactive to active.

9630 Renewal Fees for an Administrator’s License

February 2020

While training requirements for an administrator’s license are based on the renewal period that just ended, renewal fees are based on the license status that the administrator requests for the coming period. For fee schedules, see §745.9003 and §745.9005 of the Texas Administrative Code.

Procedure

To assess late fees, Licensing staff follow these guidelines:

Accept a renewal request postmarked on or before the license’s expiration date.
Assess late fees only when the administrator initiates the renewal process after his or her license expires (assess higher late fees when the request is initiated 90 days or more past the expiration date). Do not assess late fees if the administrator initiates a timely renewal and the renewal remains pending after his or her license expires.
Assess late fees, even if an administrator did not receive a notice from Licensing about a license’s expiration or impending expiration. Licensed administrators are accountable for renewing on time.

Example of Assessing Late Fees

An example of assessing late fees follows:

John Smith submits a request to renew his license. During his most recent renewal period, he was on active status for the first year, and then switched to inactive status. He is now asking to be placed back on active status. Unfortunately, he is renewing 30 days late. In this case, Mr. Smith owes 15 training hours (pro-rated for the one year that he was on active status) and $75 (because he is submitting a late request to renew his license on active status). Mr. Smith must have obtained all of the required training hours during the 12 months that he was on active status.

9640 Background Checks for an Administrator’s License

February 2020

A background check is conducted on each licensed administrator who requests renewal of an administrator’s license on active status, even if the person has had a background check under a licensed residential child care operation within the last five years.

If a licensed administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, remedial action is initiated. See 10310 Acting on the Results of a Criminal History Check.

Procedure

The procedures for background checks are as follows:

Run a background check on each licensed administrator requesting renewal on active status, regardless of whether the administrator is affiliated with a licensed residential child care operation.
If an administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, the Centralized Background Check Unit (CBCU) notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.

A remedial action of either revocation or refusal to renew is initiated. See 9700 Remedial Action on an Administrator’s License.
If an administrator has a background check match that violates minimum standards rules and is subject to a risk evaluation, the type of follow-up depends on whether the administrator is affiliated with a licensed residential child care operation.

The CBCU notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.
- If the administrator is not affiliated with a licensed residential child care operation, the administrator’s license is renewed, if the administrator would otherwise be eligible for renewal. No risk evaluation is conducted, unless or until the administrator becomes affiliated with an operation licensed by HHSC’s Residential Child Care Licensing Division (RCCL).
- If the administrator is affiliated with an operation licensed by RCCL, the administrator must submit the request for a risk evaluation to the CBCU. The administrator has 30 calendar days from the date the operation submitted the request for the background check to request a risk evaluation. The CBCU notifies the Licensed Administrator program about the results of the risk evaluation. Licensing staff do not renew a license while the risk evaluation is pending. Staff delay renewal until the risk evaluation is complete and approved.

See 10400 Risk Evaluation of Criminal History or Findings of Child Abuse or Neglect.

9650 Lapsed Administrator’s Licenses

February 2020

An administrator’s license lapses after it has been expired for one year.

A lapsed administrator’s license cannot be renewed.

Texas Human Resources Code (HRC), §43.009

Procedure

If a person with a lapsed administrator’s license contacts Licensing staff to renew his or her license, Licensing staff inform the person that he or she must apply for a new license.

The only exception is active military personnel who are exempt from renewal requirements as specified in §745.9029 of the Texas Administrative Code.

9660 Emeritus Status for an Administrator’s License

February 2020

An emeritus license is an honorary license for a person who had an administrator’s license and no longer serves as an administrator.

Emeritus status is primarily designed for persons who have retired.

An emeritus license is valid for the lifetime of the licensee.

Renewal and reporting requirements do not apply.

A person cannot act as a licensed administrator with an emeritus license.

Procedure

To receive an emeritus license, a licensed administrator submits a written request, along with Form 3014, Administrator License – Renewal or Status Change.

An emeritus license is granted only when the administrator:

is at least 55 years old or has a permanent physical or medical disability;
has a valid administrator’s license and has no remedial action or pending remedial action against the license; and
is no longer engaged in professional residential child care.

If the administrator decides to act as a licensed administrator again after obtaining an emeritus license, he or she must apply for a new license.

9670 Relinquishing an Administrator’s License

February 2020

Procedure

To relinquish a license, a licensed administrator mails completed Form 3014, Administrator License – Renewal or Status Change, and the original license to the address indicated on the form.

Licensing staff:

send a letter on CLASS letterhead confirming the receipt of the license;
inform the person he or she must apply for a new license should he or she decide to become a licensed administrator again; and
change status of license in CLASS to “withdrawn.”

9700, Remedial Action on an Administrator’s License

Revision 24-1; Effective Feb. 20, 2024

CCR may take remedial action against an administrator’s license when the administrator or applicant:

violates a term under HRC Chapter 43 or a rule adopted under that chapter;
circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a rule adopted under that chapter;
engages in fraud or deceit about a requirement in HRC Chapter 43 or a rule adopted under that chapter;
provides false or misleading information to CCR during the application or renewal process for an administrator’s license;
makes a statement about a material fact during the application or renewal process that the applicant or licensed administrator knows or should know is false;
has a criminal history or central registry record that:
- prohibits the administrator or applicant for an administrator’s license from working at a facility; or
- is relevant to the duties of a licensed administrator that are specified in rule;
uses drugs or alcohol in a way that jeopardizes the administrator’s or applicant’s ability to function as an administrator;
performs duties as a licensed administrator in a negligent manner; or
is ineligible to be a controlling person at a child care operation.

References:

5411.1 Persons Who Are Ineligible to Be a Controlling Person
7730 Due Process Hearings
10241 Notifying the Designated Perpetrator of the Central Registry Background Results and Offering Due Process
10310 Acting on the Results of a Criminal History Check

HRC Section 43.010

26 TAC Sections 745.8929 and 745.9037

Limits on Serving as a Licensed Administrator During the Appeal Process (RCCR Only)

A person may not continue to serve as a licensed child care administrator or child-placing agency administrator during the appeal process if CCR has determined that the person is an immediate threat to the health or safety of a child. CCR must notify the person, and if applicable, the governing body of the operation that employs the person of the determination.

HRC Section 43.0106

9710 Handling Attempts to Interfere by a Licensed Administrator or Applicant for an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

A licensed administrator or applicant for an administrator's license may not attempt to interfere with HHSC ability to conduct agency business.

Conduct that constitutes an attempt to interfere with HHSC ability to conducted agency business includes:

interfering with, coercing, threatening, intimidating, retaliating against or harassing an HHSC staff member in connection with the person's exercise of HHSC regulatory duties; or
engaging in conduct or directing language at HHSC staff that a reasonable person would find to be harassing, intimidating or threatening to HHSC staff.

26 TAC Sections 745.8411, 745.8929 and 745.8930

Procedure

If a licensed administrator or applicant for an administrator’s license attempts to interfere with HHSC ability to conduct agency business, the CCR inspector and supervisor follow the procedures in 4159.1 Attempted Interference by a Licensed Administrator or Applicant for an Administrator’s License. Once the Licensed Administrator Program Specialist receives notification, the specialist:

reviews the documentation and evidence to assess whether the action supports referral to Child Care Enforcement for remedial action;
consults with the Director of Field Operations to discuss their assessment of the evidence;
refers to Child Care Enforcement if a remedial action is necessary; and
documents in a Chronology under the Licensed Administrator’s page in CLASS:
1. the information received from the supervisor about the incident including the operation name, operation number and inspection number when the incident occurred;
2. the evidence and documentation reviewed, the specialist’s assessment of the information and consultation with the Director of Field Operations; and
3. if a referral was made to CCE for remedial action and the date of the referral.

The Licensed Administrator Program Specialist may consider a pattern of interference or attempted interference demonstrated by the licensed administrator or applicant when determining whether a referral to CCE is appropriate. The pattern of behavior must be supported by documentation.

See:

4159.1 Interference by a Licensed Administrator

Job Aid “Addressing Attempted Interference by a Licensed Administrator or Applicant for an Administrator’s License (RCCR Only)” available on CCR SharePoint site.

9720 Types of Actions on an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

The six types of remedial action defined in 26 TAC Section 745.9031 of the Texas Administrative Code, are as follows:

Reprimand – HHSC staff send a letter of reprimand. The letter must include the contents listed in 26 TAC Section 745.9033 of the Texas Administrative Code. Further disciplinary actions may result from future violations.

Probation – HHSC imposes probation for a specific period of time. HHSC may impose conditions on a term of probation. HHSC may require the licensed administrator to report to HHSC regularly about the conditions of his or her probation. HHSC may place a licensed administrator on probation only once during a two-year renewal period. HHSC may suspend or revoke the license if the conditions of the probation are not met.

Refusal to Renew License – HHSC does not renew an administrator’s license if the applicant is not in compliance with the laws or rules governing the license, even if the applicant otherwise qualifies for renewal.

Suspension – HHSC suspends an administrator’s license for a specified period of time. HHSC may require corrective action during the suspension period. HHSC may revoke the license if the person does not complete the corrective actions required as part of the suspension.

Revocation – HHSC revokes an administrator’s license. The person may not apply for another administrator’s license for five years.

License Denial – HHSC denies an administrator’s license.

9730 Choosing a Remedial Action for an Administrator’s License

Revision 23-4; Effective Nov. 30, 2023

Procedure

In general, CCR staff consider the following factors when deciding which remedial action is most appropriate:

Letters of reprimand are most often used for minor rule violations, particularly if the violation is unintentional. Failure to obtain enough acceptable training hours is the most common reason for a letter of reprimand.

Letters of reprimand are written and sent manually, not automatically generated by CLASS.

Revocation most often occurs as the result of:

If HHSC staff revoke an administrator’s license based on another HHSC action, HHSC will take both actions simultaneously. If the administrator and the operation each request an administrative review, then HHSC may combine them into one review. The review may also include HHSC’s designation of the administrator as a controlling person, if applicable. If both actions are upheld at the administrative review level, then the HHSC attorney who defends the actions before SOAH will combine them.

DFPS does the administrative review for a finding of abuse, neglect or exploitation. However, if DFPS upholds the finding at the administrative review, and the administrator requests a due process hearing for the finding, an HHSC attorney will defend both the finding made by DFPS and HHSC’s revocation of the administrator’s license before SOAH and may do so in one hearing. If HHSC is also revoking the license of the operation that the administrator was responsible for, then the hearing may include that revocation along with the finding, the revocation of the administrator’s license, and the designation of the administrator as a controlling person, if applicable. The licensed administrator database does not distinguish between a person with a pending remedial action and a person with a finalized remedial action. If an intent to revoke is overturned, HHSC staff must submit a data fix to remove the revocation code from the database.

26 Texas Administrative Code Section 745.9037

9800, Storing and Purging Closed Records for an Administrator’s License

February 2020

Procedure

Licensing staff store the closed paper files for administrator licenses separately from the active paper files.

Note on the file tab the date and reason the file was closed. Do not use pencil to record the reason a file was closed or to record any other information in or on the paper file.

If a case is closed as a result of remedial action, the paper file is not closed until all due process has been waived or has resulted in the decision being upheld.

Colored dots may be used to easily identify when paper files must be purged. For example, a blue dot may be used to represent one year, a green dot may be used to represent another year, and so on.

Paper files are purged after they have been closed for at least 24 months. Both the paper and electronic versions are then purged.

If the Licensed Administrator program determines that a paper file must not be purged as scheduled, Licensing staff complete a Request to Delay Record Purge and send it to the director of Residential Child Care Licensing for approval:

Licensed Child Care Administrator Request to Delay File Purge

File Name: _______ (administrator’s name) Date: ___________ (date of request)

Request Purge Delay Until: indefinite (or other identified time frame)

Reason for Request: ________ (administrator’s name) has a Reason to Believe finding for neglect which was upheld by SOAH and for which a risk evaluation was denied. While serving as the administrator of the ________ (center name), ________ (administrator’s name) took it upon himself to investigate an allegation that a staff member sexually assaulted a resident. ________ (administrator’s name) considered the allegation unfounded, transferred ________ (staff member’s name) to another unit, and never reported the allegation to DFPS or to law enforcement.

Considering that, according to §745.699 of the Texas Administrative Code, all risk evaluation results are final, I request that we maintain __________’s (administrator’s name) record indefinitely so that this information can be retrieved if he ever applies to HHSC for another license.

Staff signature: Date:

Director approval: _________________________________ Date:____________

9900, Reports and Directories for the Licensed Administrator Program

9910 Reports to Management Reporting and Statistics

November 2008

Procedure

Staff submit statistical reports to Management Reporting and Statistics (MRS) each month.

The reports consist of one Excel spreadsheet for licensed child care administrators and one for licensed child-placing agency administrators.

Information for the monthly reports is obtained from the reports generated by the licensed administrator database.

The reports are sent by email to the Reports email box.

9920 THECB Annual Report of Exam Results

November 2008

Each year the Texas Higher Education Coordinating Board (THECB) requests data from Licensing regarding exam results for the previous year.

Staff submit the requested data to THECB by the deadline indicated in the THECB request.

Procedure

Licensing provides a report to THECB that indicates the following for each person who has taken an exam during the reporting period:

Only applicants who have taken an exam during the reporting period are included in the report.

9930 Licensed Administrator Directories

September 28, 2018

HHSC offers two directories, one for Licensed Child Care Administrators and one for Licensed Child-Placing Agency Administrators.

Procedure

The directories are not connected to the licensed administrator database, so they are updated manually.

At least quarterly, Licensing staff run a query in the licensed administrator database to generate a current list for each directory.

The query omits persons with pending remedial actions, so staff manually add those persons to the directory before sending the new list on to the webmaster for publication.

the applicant’s background check results do not contain criminal history or central registry findings that preclude the person from being present in the operation;
the applicant has the academic and experience requirements for an administrator’s license;
the applicant passes the licensing administrator’s examination;
the applicant pays the application and background check fees; and
the applicant meets any other child care administrator’s license requirements.
- The licensed administrator obtained 15 hours of training each year of the two-year renewal cycle.
- The training was designed for professional-level staff. Training designed for direct care staff is not acceptable.
- The training was directly related to residential child care or business management.
- The subject of the training was not an organization’s policies and procedures.
- The licensed administrator participated in the training. Training credit is not given for presenting training to others.
- Licensing staff contact the administrator and ask him or her to submit additional training documentation.
- The licensed administrator database generates a letter to the administrator notifying him or her that the renewal is pending, due to insufficient training hours.
- If the administrator cannot submit documentation verifying that training requirements were met, Licensing staff ask the administrator to confirm in writing that he or she has no other training documentation to submit for the time period.
- Remedial action is taken. See 9600 Remedial Action on an Administrator’s License.
- Accept a renewal request postmarked on or before the license’s expiration date.
- Assess late fees only when the administrator initiates the renewal process after his or her license expires (assess higher late fees when the request is initiated 90 days or more past the expiration date). Do not assess late fees if the administrator initiates a timely renewal and the renewal remains pending after his or her license expires.
- Assess late fees, even if an administrator did not receive a notice from Licensing about a license’s expiration or impending expiration. Licensed administrators are accountable for renewing on time.
- Run a background check on each licensed administrator requesting renewal on active status, regardless of whether the administrator is affiliated with a licensed residential child care operation.
- Do not charge a fee for the additional background check for a licensed administrator who has had a background check under a licensed residential child care operation within the last 48 months.
- If an administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, the Centralized Background Check Unit (CBCU) notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.
  A remedial action of either revocation or refusal to renew is initiated. See 9600 Remedial Action on an Administrator’s License.
- If an administrator has a background check match that violates minimum standards rules and is subject to a risk evaluation, the type of follow-up depends on whether the administrator is affiliated with a licensed residential child care operation.
  The CBCU notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.
  - If the administrator is not affiliated with a licensed residential child care operation, the administrator’s license is renewed, if the administrator would otherwise be eligible for renewal. No risk evaluation is conducted, unless or until the administrator becomes affiliated with an operation licensed by HHSC’s Residential Child Care Licensing Division (RCCL).
  - If the administrator is affiliated with an operation licensed by RCCL, the operation must submit the request for a risk evaluation to the CBCU. The CBCU notifies the Licensed Administrator program about the results of the risk evaluation. Licensing staff do not renew a license while the risk evaluation is pending. Staff delay renewal until the risk evaluation is complete and approved.
- is at least 55 years old or has a permanent physical or medical disability;
- has a valid administrator’s license and has no remedial action or pending remedial action against the license; and
- is no longer engaged in professional residential child care.
violates a term under Human Resources Code (HRC) Chapter 43 or a Licensing rule;
circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a Licensing rule;
engages in fraud or deceit related to a requirement in HRC Chapter 43 or a Licensing rule;
provides false or misleading information to Licensing during the application or renewal process for an administrator’s license;
makes a statement about a material fact during the application or renewal process that the applicant or licensed administrator knows or should know is false;
- prohibits the administrator or applicant for an administrator’s license from working at a facility; or
- is relevant to the duties of a licensed administrator that are specified in rule;
uses drugs or alcohol in a manner that jeopardizes the administrator’s or applicant’s ability to function as an administrator;
performs duties as a licensed administrator in a negligent manner; or
is ineligible to be a controlling person at a child care operation.
The nature of the violation
The severity of the violation
The administrator’s history with Licensing
The administrator’s history with the Licensed Administrator program
- DFPS finding against the licensed administrator for the abuse, neglect, or exploitation of a child; or
- the revocation of a license for an operation for which the licensed administrator is responsible.
- College or university attended
- Degree earned
- Date of each exam taken
- Score earned on each exam