(a) General. When a sponsoring organization proposes
to terminate its Program agreement with a day care home for cause,
the day care home shall be provided an opportunity for an appeal of
the proposed termination by requesting the sponsoring organization
to offer an appeal. The sponsoring organization shall develop procedures
for offering and providing these appeals. These procedures shall be
consistent with this section and provided to each day care home when:
  (1) the day care home enrolls in the Program, and
  (2) the sponsoring organization takes an adverse action
against the day care home provider.
(b) Actions subject to appeal. The sponsoring organization
shall offer an appeal to a day care home that appeals a notice of
intent to terminate their agreement for cause, a suspension of their
participation, or for any other matter where TDA determines a review
is necessary to provide due process to a day care home and requires
such an appeal in program policy.
(c) Procedures. The following procedures shall apply
when a day care home requests an appeal of any action described in
subsection (b) of this section.
  (1) Uniformity. The same procedures shall apply to
all day care homes.
  (2) Representation. The day care home may retain legal
counsel, or may be represented by another person.
  (3) Review of record and opposition. The day care home
may review the record on which the decision was based and refute the
action in writing.
  (4) Hearing. A hearing is not required.
  (5) Review official. The review official shall be independent
and impartial. Although the review official may be an employee or
board member of the sponsoring organization, he/she shall not have
been involved in the action that is the subject of the appeal or have
a direct personal or financial interest in the outcome of the appeal.
  (6) Basis for decision. The review official shall make
a determination based on the information provided by the sponsoring
organization and the day care home and on federal and state laws,
regulations, polices, and procedures governing the Program.
  (7) Time for issuing a decision. The review official
shall inform the sponsoring organization and the day care home of
the appeal's outcome within sixty (60) days of the receipt of the
request for an appeal. This timeframe is an administrative requirement
for the sponsoring organization and may not be used as a basis for
overturning the termination if a decision is not made within the specified
timeframe.
  (8) Final decision. The determination made by the review
official is the final administrative determination to be afforded
the day care home.


Source Note: The provisions of this §1.1004 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642