DSHS Licensing Authority
I’d love to get some insight on the DSHS licensing procedure and their licensing authority under the Texas Admin Code if anyone is familiar. More particularly, I’m wondering if there’s a way DSHS can lawfully deny Mystic’s license under the statute.
§265.24 (c)(3) [pg. 24 of the linked PDF] basically says DSHS shall issue a renewal license if facility (A) meets the definition of “youth camp” and (B) is in compliance with all act provisions as determined by (i) submitting application (ii) passing an inspection, and (iii) complying with any final orders for pre-application violations.
From what knowledge I have, Mystic meets the definition of a youth camp and has passed or would pass an inspection (for the CL site at least). Additionally, I’m unaware of any existing final orders for violations. Am I wrong on any of this?
Finally, I’ve been told that DSHS commissioners/dieextors could subject themselves to personal liability and get sued if they exceed their authority. Would political pressure be enough to persuade them to deny the license?