Committee staff shall comply with the following procedures in processing applications for a temporary training permit, apprentice permit, license, and renewal of a regular license.   (1) The following periods of time shall apply from the date of receipt of an application and applicable fee until the date of issuance of a written notice that the application is complete and accepted for examination, license issuance, or committee review, or that the application is deficient and additional specific information is required. A written notice stating that the application has been approved may be sent in lieu of the notice of acceptance of a completed application. The time periods are as follows:     (A) letter of acceptance of application for examination, license issuance, or committee review--20 working days; and     (B) letter of application deficiency--20 workings days.   (2) The following periods of time shall apply from the receipt of all documentation necessary to complete the application until the date of issuance of written notice approving or denying the application. The time periods for denial end on the day notice of the proposed decision is mailed to the applicant. The time periods are as follows:     (A) letter of acceptance of application for examination, license issuance, or committee review--20 working days; and     (B) letter of denial of a license--30 working days after presentation to the applications subcommittee or the committee and its subsequent action thereon.   (3) The period of time from the receipt of the application for renewal of a regular license until the renewal card is issued or written notice is given that the application is deficient and additional specific information is required shall be 20 working days. The regular license renewal may be issued in lieu of notice of acceptance. The period of time from the receipt of the last item necessary to complete the application for renewal until issuance of the renewed license or notification of denial of renewal shall be 14 working days. The committee is not responsible for lost, misdirected, or undelivered mail.   (4) The materials required for application are as follows:     (A) Application form. The application form shall contain:       (i) specific information regarding personal data, birth date, place of employment, other state licenses and certifications held, felony and misdemeanor convictions, educational background, supervised experience, and social security number;       (ii) a statement that the applicant has read Texas Occupations Code, Chapter 402 (Act), and this chapter and agrees to abide by them;       (iii) a statement that the applicant, if issued a temporary training permit, apprentice permit or license, shall return the license to the committee upon revocation or suspension of the license;       (iv) a statement that the applicant understands that fees submitted are not refundable;       (v) a statement that the applicant understands that materials submitted to the committee become the property of the committee and are not returnable (unless prior arrangements have been made);       (vi) a statement that the information in the application is truthful and that the applicant understands that providing false information of any kind may result in denial of the application and failure to be granted any license or permit, or the revocation of any license or permit issued;       (vii) a statement that if issued a license or permit, the applicant shall keep the committee advised of his or her current mailing address;       (viii) the applicant's dated signature; and       (ix) the dated signature of the supervisor(s) who can formally attest to the applicant's direct supervised experience.     (B) Supervisor's Affidavit form. The Supervisor's Affidavit Form must be completed by the temporary training permit holder or the apprentice permit holder and the supervisor(s) and contain:       (i) the name of the temporary training permit holder or apprentice permit holder;       (ii) the name, address, and licensure status of the supervisor who agrees to assume responsibility for all services provided by the temporary training permit holder or apprentice permit holder;       (iii) the name and address of the business or organization where the supervised practicum experience will be completed;       (iv) the inclusive dates and types of supervised practicum experience and the total number of hours of supervised practicum experience;       (v) a statement that a supervisor licensed under Texas Occupations Code, Chapter 401, shall comply with all provisions of Texas Occupations Code, Chapter 402, and this chapter that relate to the supervision and training of a temporary permit holder and a supervisor licensed under Texas Occupations Code, Chapter 402, shall comply with all provisions of the Act and this chapter;       (vi) the supervisor's signature; and       (vii) the temporary training permit holder's or apprentice permit holder's signature.     (C) Education records. Applicants must submit:       (i) a photocopy which has been notarized as a true and exact copy of an unaltered:         (I) official diploma or official transcript indicating graduation from high school; or         (II) certificate of high school equivalency issued by the appropriate education agency; or       (ii) an official diploma or official transcripts from an accredited college or university indicating a college degree was obtained.   (5) Applications may be denied as follows.     (A) The committee may deny an application if the applicant:       (i) has not completed the requirements of this section;       (ii) has failed to remit any applicable fees required by the Act or this chapter;       (iii) has failed or refused to properly complete or submit any application form(s) or endorsements, or deliberately presented false information on the application form and any other form or document required by the department to verify the applicant's qualifications;       (iv) has been or is in violation of the Act, or any other applicable provision of this chapter;       (v) has been convicted of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a fitter and dispenser of hearing instruments as set out in the Act; or       (vi) holds a license, certificate, registration, or permit to practice fitting and dispensing of hearing instruments in another state or jurisdiction and that license, certificate, registration, or permit has been suspended, revoked, or otherwise restricted by the licensing entity in that state or jurisdiction for reasons relating to the person's professional competence or conduct which could adversely affect the health and welfare of a client.     (B) If after review the executive director determines that the application should be denied, the executive director shall ask the applications subcommittee to review the application. The applications subcommittee shall take one of the following actions.       (i) If the subcommittee concurs that the application should be denied, they shall instruct the executive director to give the applicant written notice of the reason for the denial and the opportunity for a formal hearing.         (I) The formal hearing, if requested, shall be conducted in accordance with the provisions of the APA.         (II) If the applicant fails to respond within 10 days after the receipt of the notice of opportunity for hearing, or if the applicant notifies the executive director that the hearing is waived, the committee shall deny the application.       (ii) If the subcommittee determines that the application should be approved, the executive director shall approve the application.

Source Note: The provisions of this §141.7 adopted to be effective March 19, 1996, 21 TexReg 1877; amended to be effective September 9, 2001, 26 TexReg 6671; amended to be effective March 23, 2003, 28 TexReg 2320; amended to be effective August 1, 2006, 31 TexReg 5964; amended to be effective September 28, 2010, 35 TexReg 8751