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 Texas Government Code Chapter 526, Subchapter J (relating to Licensing, Listing, or Registration of Certain Entities). 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.