(a) A person that wants to offer a NATCEP must complete
a NATCEP application on forms prescribed by DADS and submit the application
to DADS.
(b) DADS determines whether to approve or deny the
NATCEP application.
(c) Within 90 days after DADS receives a complete NATCEP
application, DADS notifies a NATCEP applicant of approval or proposed
denial of a NATCEP application, or notifies the applicant of a deficiency
or error in accordance with subsection (d) of this section. If DADS
proposes to deny the application due to the applicant's noncompliance
with the requirements of the Act or this chapter, DADS provides the
reason for the denial in the notice.
(d) If DADS finds a deficiency or error in a NATCEP
application, DADS notifies the applicant in writing of the deficiency
or error and gives the applicant an opportunity to correct the deficiency
or error. The applicant must submit the additional or corrected information
to DADS, in writing, within 10 days after the applicant receives notice
of the deficiency or error.
(e) If DADS proposes to deny a NATCEP application based
on the NATCEP's failure to comply with §94.3 of this chapter
(relating to Nurse Aide Training and Competency Evaluation Program
(NATCEP) Requirements), or §94.7 of this chapter (relating to
Review and Reapproval of a Nurse Aide Training and Competency Evaluation
Program (NATCEP)), the applicant may request a hearing to challenge
the denial. A hearing is governed by 1 Texas Administrative Code (TAC)
Chapter 357, Subchapter I (relating to Hearings Under the Administrative
Procedure Act), and Chapter 91 of this title (relating to Hearings
Under the Administrative Procedure Act). 1 TAC §357.484 (relating
to Request for a Hearing) requires a hearing to be requested in writing
within 15 days after the date the notice is received by the applicant.
If an applicant does not make a timely request for a hearing, the
applicant waives a hearing and DADS may deny the NATCEP application.


Source Note: The provisions of this §94.4 adopted to be effective June 27, 2013, 38 TexReg 3999