26 Tex. Admin. Code § 745.9030

Current through Register Vol. 49, No. 48, November 29, 2024

Section 745.9030 - When may a military spouse with a license in another state act as an administrator without a license under this subchapter?

(a) If you are a military spouse, you may act as an administrator for a general residential operation, child-placing agency, or both, without obtaining an administrator's license under this subchapter and Chapter 43 of the Texas Human Resources Code, for up to three years if we determine that you:

(1) Are currently licensed in good standing by another state that has licensing requirements that are substantially equivalent to the requirements for an administrator's license under this subchapter; and

(2) Meet the other requirements in this section.

(b) In order for us to evaluate whether you are currently licensed in another state with requirements that are substantially equivalent to the requirements for an administrator's license under this subchapter, you must submit:

(1) An Application for a Child-Care Administrator's License or a Child-Placing Agency Administrator's License and complete Sections I, VIII (and attach a copy of your valid military identification card to establish your status as a military spouse), and X;

(2) A letter indicating your intent to act as an administrator for a general residential operation, child-placing agency, or both in this state;

(3) Documentation of your residency in this state, including a copy of the permanent change of station order for the military member to whom you are married;

(4) Proof of your administrator's license or any other professional or occupational license that you currently hold in the other state; and

(5) A copy of the regulations pertaining to the current license in the other state or a web address where the regulations can be found.

(c) Once we receive the application and the additional documentation, we will:

(1) Verify that the application is complete, and the documentation is accurate;

(2) Determine whether the requirements for the license in the other state are substantially equivalent to the requirements for an administrator's license according to § 745.8914 of this subchapter (relating to How does Licensing determine whether another state's licensing requirements are substantially equivalent to the requirements for an administrator's license under this subchapter?); and

(3) Verify that you are licensed in the other state and are in good standing, including that:

(A) Your license in the other state is valid, active, and current (is not pending renewal and has not expired); and

(B) There is no current disciplinary action or corrective action pending or attached to the license.

(d) After completing the actions in subsection (c) of this section, we will notify you whether we approve or deny you to act as an administrator for a general residential operation, child-placing agency, or both without having an administrator's license under this subchapter.

(e) If we approve you to act as an administrator for a general residential operation, child-placing agency, or both:

(1) You must comply with all other applicable laws and regulations, including those relating to:

(A) Administrator's Licensing in this subchapter and Chapter 43 of the Texas Human Resources Code;

(B) Subchapter F of this chapter (relating to Background Checks) when employed by a general residential operation or a child-placing agency; and

(C) Minimum standards for general residential operations and child-placing agencies; and

(2) Our approval for you to act as an administrator expires on the earlier of:

(A) The date your spouse is no longer stationed at a military installation in this state; or

(B) The third anniversary of the date when we notified you that you may act as an administrator for a general residential operation, child-placing agency, or both.

(f) We may revoke our approval for you to act as an administrator for any reason noted in § 745.9037 of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?).

26 Tex. Admin. Code § 745.9030

Adopted by Texas Register, Volume 44, Number 45, November 8, 2019, TexReg 6898, eff. 12/1/2019; Amended by Texas Register, Volume 47, Number 03, January 21, 2022, TexReg 0154, eff. 1/23/2022