A person may not serve as a controlling person in a child-care operation if:
  (1) We sustained the person as a controlling person within the previous five years;
  (2) The person is ineligible to apply for a permit because of an adverse action that was sustained during the previous five years; or
  (3) The person was a permit holder, controlling person, or otherwise listed on the application for a permit for a facility that had its permit denied, revoked, suspended, or terminated by a state health and human services agency in the last 10 years, as outlined in Chapter 531 of the Government Code, Subchapter W (relating to Adverse Licensing, Listing, or Registration Decisions). Depending upon the circumstances that led to the previous permit denial, suspension, revocation, or termination and the person's relationship to that facility, we may determine that this person may not serve as a controlling person for your child-care operation.

Source Note: The provisions of this §745.911 adopted to be effective March 1, 2013, 38 TexReg 990; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963