APPLICATION DENIAL BASED ON ADVERSE AGENCY DECISION

A health and human services agency that regulates a person to whom this subchapter applies may deny an application for a license, including a renewal license or a license that does not expire, a listing, or a registration described by Section 526.0451, if: (1) any of the following persons are listed in a record maintained under Section 526.0454: (A) the applicant; (B) a person listed on the application; or (C) a person the applicable regulating agency determines to be a controlling person of an entity for which the license, including a renewal license or a license that does not expire, the listing, or the registration is sought; and (2) the agency's action resulting in the person being listed in a record maintained under Section 526.0454 is based on: (A) an act or omission that resulted in physical or mental harm to an individual in the care of the applicant or person; (B) a threat to the health, safety, or well-being of an individual in the care of the applicant or person; (C) the physical, mental, or financial exploitation of an individual in the care of the applicant or person; or (D) the agency's determination that the applicant or person has committed an act or omission that renders the applicant unqualified or unfit to fulfill the obligations of the license, listing, or registration.