Based on our assessment of the criteria provided in §745.8607 of this subchapter (relating to How will Licensing decide which type of enforcement action to recommend or impose?), we may deny you a permit for an issue identified in §745.8605 of this subchapter (relating to When can Licensing recommend or impose an enforcement action against my operation?) if we determine that:
  (1) A background check result makes you ineligible for a permit, because either the result is ineligible for a risk evaluation or the Centralized Background Check Unit does not approve a risk evaluation as provided in Subchapter F of this chapter (relating to Background Checks);
  (2) Your operation does not demonstrate the ability to comply with minimum standards, rules, and during your initial permit period;
  (3) The results of a public hearing make you ineligible for a permit;
  (4) Your operation presents an immediate threat to the health or safety of children; or
  (5) You are otherwise ineligible for a permit because of a criterion identified in §745.8605 of this subchapter.

Source Note: The provisions of this §745.8650 adopted to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437