| (d) Your rights after initial denial. This subsection
describes the further actions you may take to obtain approval of your
non-model document if the department initially denies approval under
subsection (c) of this section.
(1) If the department denies approval of your proposed
non-model document under subsection (c) of this section, you may file
a written request for hearing before the commissioner under subsection
(e) of this section or seek the department's second review by filing
a new version of your proposed non-model document that you have specifically
revised to address the reasons for denial.
(2) If you elect to file a new version of your proposed
non-model document for second review, the department will consider
the revised document to be part of your original application and will
not require a new filing fee but may charge additional review fees
under subsection (b)(3) of this section. The department will approve
or deny approval of your revised non-model document on or before the
10th day following the date of its filing.
(3) If the department denies approval of your revised
non-model document, the department will send you a second written
notice of denial that:
(A) states the specific basis for the denial in writing
and cites the specific provisions of law that the revised non-model
document does not satisfy;
(B) if minor changes to the proposed document would
result in approval and you have not previously been given the opportunity
to make these changes, informs you of the opportunity to obtain approval
by submitting your document with the specified changes on or before
the 10th day after the date you receive the department's second written
notice of denial; and
(C) informs you that you must file a written request
for hearing with the department under subsection (e) of this section
on or before the 30th day after the date you receive the department's
second written notice of denial or the denial will become final.
(e) Commissioner hearing. This subsection describes
how you may obtain a hearing before the commissioner and how the hearing
will be conducted.
(1) To obtain a hearing before the commissioner, you
must file a written request for hearing with the department on or
before the 30th day after the date you receive the department's written
notice of denial. Your written request for hearing must state with
specificity the reasons you allege the department's denial of approval
is in error.
(2) The department will forward your request for hearing
to the administrative law judge, who shall enter appropriate orders
and conduct the hearing on or before the 60th day after the date your
request for hearing was received, under Chapter 9 of this title (relating
to Rules of Procedure for Contested Case Hearings, Appeals, and Rulemaking)
and Government Code, Chapter 2001. Your complete application, the
department's notice or notices of denial, and your request for hearing
will be made a part of the record.
(3) At the hearing, the staff of the department bears
the burden of proof that approval of your proposed non-model document
should be denied.
(4) The proposal for decision, exceptions and replies
to the proposal for decision, the order of the commissioner, and motions
for rehearing are governed by Chapter 9 of this title and Government
Code, Chapter 2001.
(f) Withdrawn approval. The department may withdraw
its approval of a model or previously approved non-model document
for future use if governing law is changed or clarified by statute,
rule, or judicial opinion. The department will notify you in writing
if you are affected by a withdrawn approval.
|
| Source Note: The provisions of this §25.5 adopted to be effective March 14, 2002, 27 TexReg 1706; amended to be effective March 11, 2004, 29 TexReg 2301; amended to be effective January 7, 2010 35 TexReg 204; amended to be effective November 10, 2016, 41 TexReg 8814 |
