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RULE §1.221 Notices to Applicants; Processing Times; Appeals

Published: 2015

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(a) For each applicant for any license or other authorization listed in this subsection, the department shall issue a written notice informing each applicant either that the application is complete and accepted for filing, or that it is deficient. If the application is deficient, the notice shall set out the specific additional information that is required. The department shall issue the notice to the applicant within the period indicated for the following licenses or other authorizations granted by the department:   (1) controlled substances registration--45 days;   (2) vehicle inspection station licenses--30 days. (b) For timely filed renewal applications, no notice will be issued to the applicant if the application is complete and accepted for filing, since the existing license or other authorization remains in effect until the department has made a final determination of the application. (c) The department shall determine whether to deny or issue the license or other authorization within the following periods after a complete application has been filed:   (1) controlled substances registration--60 days;   (2) vehicle inspection station licenses--45 days. (d) The time limits provided in subsection (c) of this section shall not apply to a decision made following an administrative hearing held after a denial of an application. (e) An applicant may appeal to the director of the department for a timely resolution of any dispute arising from a violation of a period set forth in subsection (c) of this section for issuance or denial of a license or other authorization listed therein. An applicant shall perfect an appeal by filing a written request therefor addressed to the director, requesting review of the application to determine whether the department exceeded its established period for issuance or denial of the license. The director shall dismiss as untimely any such appeal filed more than 30 days after the department has notified the applicant that an application has been approved or denied. The director may require the department to show why the appeal should not be decided in the applicant's favor. The director shall base his decision upon the written appeal of the applicant, together with any required response by the department and shall issue a written decision to the applicant within 30 days of the filing of the appeal. An appeal under this section shall not be considered a contested case for the purpose of Texas Civil Statutes, Article 6252-13a. (f) The director shall decide the appeal in the applicant's favor if the director determines the department exceeded its established period for issuance or denial of the license or other authorization, and the department failed to establish good cause for exceeding the period. If an appeal is decided in an applicant's favor, an applicant is entitled to full reimbursement of all fees which relate to and which were remitted with the license application.

Source Note: The provisions of this §1.221 adopted to be effective February 24, 1988, 13 TexReg 800; amended to be effective March 2, 1989, 14 TexReg 900; amended to be effective November 9, 1989, 14 TexReg 5735