(a) No deemed appointment. The commissioner must affirmatively
appoint an applicant before the appointment is effective. No applicant
will be deemed appointed.
(b) Denial. The commissioner may deny an application
or a renewal application because:
(1) the application is incomplete;
(2) the applicant is not qualified; or
(3) for any of the reasons described in §5.4642(a)
of this title (relating to Disciplinary Action).
(c) Notice.
(1) TDI will notify the applicant whether the commissioner
has approved or denied the appointment or renewal application.
(2) Any communication of denial will state the reasons
for denial and will notify the applicant that the applicant has 30
days from the date of the communication to make a written request
for hearing.
(3) If the applicant makes a timely request for hearing,
the request will be granted and the procedures for a contested case
under the Government Code, Chapter 2001, Administrative Procedure
Act, will apply.
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