| (a) New licenses. A $500 nonrefundable investigation
fee is assessed each time an application for a new license is filed.
The applicant is also required to pay the initial assessment fee required
by subsection (e)(5) of this section. This assessment fee will be
refunded if the application is not approved.
(b) Subsequent licenses. A $250 nonrefundable investigation
fee is assessed each time an application for an additional license
of an existing licensee is filed or if the application involves substantially
identical principals and owners of a licensed pawnshop. The applicant
is also required to pay the initial assessment fee required by subsection
(e)(5) of this section. This assessment fee will be refunded if the
application is not approved.
(c) License transfers. An investigation fee of $500
for the first license transfer and $250 for each additional license
transfer sought simultaneously is required. If the application involves
substantially identical principals and owners of a licensed pawnshop,
then the fee is $250 for the first license transfer. License transfer
fees are nonrefundable.
(d) Fingerprint processing. An applicant must pay a
fee to a party designated by the Texas Department of Public Safety
for processing fingerprints. The Texas Department of Public Safety
and the designated party determine the amount of the fee and whether
it is refundable.
(e) Annual renewal and assessment fees.
(1) An annual assessment fee is required for each licensed
pawnshop of:
(A) A fee not to exceed $625; and
(B) A volume fee not to exceed $0.05 per each $1,000
loaned as calculated from the most recent annual report as described
in §85.502 of this title (relating to Annual Report).
(2) The maximum annual assessment for each active license
will be no more than $1,200.
(3) The annual assessment for each inactive license
will not exceed $250.
(4) A pawnshop license will expire on the later of
June 30 or the 16th day after the written notice of delinquency is
given unless the annual assessment fees have been paid.
(5) Upon approval of a new pawnshop license pursuant
to §85.206 of this title (relating to Processing of Application),
the first year's fixed fee will be $625.
(f) License amendments. A fee of $25 must be paid each
time a licensee amends a license by inactivating a license, activating
an inactive license in a county with a population of less than 250,000,
changing the assumed name of the licensee, changing the organizational
form or proportionate ownership that results in the exact same individuals
or entities still owning the business and does not require a transfer
under §85.205(b)(3)(D) or (E) of this title (relating to Transfer
of License; New License Application on Transfer of Ownership) or §85.208(c)(2)
of this title (relating to Change in Form or Proportionate Ownership),
providing notification of a new parent entity, or relocating an office
in a county with a population of less than 250,000. An activation
or relocation in a county with a population of 250,000 or more will
require a $250 investigation fee and other fees as may be required
of a new license applicant.
(g) License duplicates sent by mail. The fee for a
license duplicate to be sent by mail is $10.
(h) Notice of application. Each applicant for a new
or relocated license will pay $1.00 to the commissioner for each notice
of application that is required to be mailed.
(i) Costs of hearings. The commissioner or administrative
law judge may assess the costs of an administrative appeal pursuant
to Texas Finance Code, §14.207 for a hearing afforded under §85.206(g)
of this title (relating to Processing of Application), including the
cost of the administrative law judge, the court reporter, and agency
staff representing the OCCC at a hearing. If it is determined that
a protest is frivolous or without basis, then the cost associated
with the hearing may be assessed solely to the protesting party.
(j) Excess payment of fees. Any excess payment of fees
received by the commissioner may be held to offset anticipated fees
that may be owed by the licensee or applicant.
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| Source Note: The provisions of this §85.211 adopted to be effective September 5, 1999, 24 TexReg 6714; amended to be effective March 14, 2002, 27 TexReg 1727; amended to be effective September 19, 2005, 30 TexReg 5335; amended to be effective April 12, 2010, 35 TexReg 1973; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective January 1, 2017, 41 TexReg 8815; amended to be effective February 1, 2019, 43 TexReg 8584 |
