(a) An applicant for an initial license under §15.105 of this subchapter (relating to Initial License Application Procedures and Issuance) may request that DADS issue a temporary license pending DADS review of the applicant’s application for an initial license.
(b) To request a temporary license, the applicant must submit to DADS Provider Licensure and Certification Unit a written request for a temporary license and a copy of the applicant’s policies, procedures and staffing plans that demonstrate compliance with the licensing standards of this chapter.
(c) DADS issues a temporary license to an applicant who has requested a temporary license if DADS:
  (1) determines that the applicant has submitted an application for an initial license in accordance with §15.105 of this subchapter;
  (2) determines that the applicant meets the building requirements of Subchapter E of this chapter; and
  (3) approves the applicant’s policies, procedures and staffing plans submitted in accordance with subsection (b) of this section.
(d) If DADS issues a temporary license, the center may admit no more than six minors to the center until the temporary license expires or terminates.
(e) The issuance of a temporary license constitutes DADS notice to the applicant of the approval of the temporary license request.
(f) A temporary license expires on the earlier of:
  (1) 90 days after DADS issues the temporary license or the last day of any extension DADS grants in accordance with subsection (g) of this section; or
  (2) the date DADS issues an initial license.
(g) A temporary license holder may request that DADS extend the term of a temporary license by 90 days. To request an extension, the license holder must submit to DADS Provider License and Certification Unit, a written request for an extension. If DADS receives the request at least 30 days before the date the temporary license expires, DADS extends the term of the license for 90 days and notifies the temporary license holder of the extension in writing. DADS grants an applicant only one temporary license extension for a center.
(h) A temporary license holder must comply with the requirements of THSC Chapter 248A and the licensing standards of this chapter for the term of the temporary license. DADS may take the enforcement action described in Subchapter G of this chapter (relating to Enforcement) if the temporary license holder does not comply with THSC Chapter 248A or this chapter.
(i) DADS may visit or conduct an investigation or inspection of a center owned or operated by a temporary license holder, as described in Subchapter F of this chapter (relating to Inspections and Visits).

Source Note: The provisions of this §550.123 adopted to be effective September 28, 2016, 41 TexReg 7512; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875