(a) Scope. This section governs submission of documents
to the department for processing by the corporate activities division
of the department pursuant to this chapter, and does not permit, prohibit,
or affect correspondence with or documents submitted to the department
for another purpose, including:
(1) applications submitted to the non-depository supervision
division of the department; and
(2) documents submitted to the department as required
or permitted by Government Code, Chapter 2001, and Chapter 9 of this
title (relating to Rules of Procedure for Contested Case Hearings,
Appeals, and Rulemakings).
(b) Reproduction. For purposes of this section, the
term reproduction means:
(1) a photographic or photostatic copy or similar reproduction
of an original document that is submitted to the department by mail
or hand delivery;
(2) a facsimile copy of an original document submitted
by telephonic document transmission to the fax number specified by
the department; or
(3) if permitted by the department with respect to
a specific filing, an electronic copy of an original document submitted
by electronic means as authorized by the department.
(c) Filings. Subject to the length limitations of subsection
(d) of this section, a document required or authorized to be filed
with the department may be a reproduction, including an application
or a supplement to or substitution for a portion of a previously filed
and accepted application. Receipt of a reproduction by the department
is not equivalent to accepted for filing.
(d) Page limitations. A document submitted by telephonic
document transmission to the department's fax machine may not exceed
25 pages in total length, including the transmittal document required
by subsection (e) of this section, or it will be rejected for filing.
The transmission of portions of any particular filing at different
times is treated as one reproduction for purposes of this subsection.
(e) Transmittal document. A cover sheet or transmittal
document must accompany every reproduction submitted under this section
and must:
(1) clearly identify the sender by name, address, and
phone number, the documents being delivered or transmitted, and the
number of pages in the submission;
(2) contain clear and concise instructions concerning
the sender's request with respect to the submission; and
(3) contain complete and accurate information regarding
the payment of required filing fees, if any.
(f) Time of receipt. To be considered received by the
department, a document must be in clearly legible form. Documents
submitted by mail or hand delivery must be delivered during regular
business hours of the department. For documents submitted by mail
or hand delivery, the date and time the submission is actually received
by the department will determine the time of receipt. For reproductions
submitted by telephonic document transmission, the date and time imprinted
by the department's fax machine on the last page of a reproduction
submitted by telephonic document transfer will determine the time
of receipt. For reproductions submitted by email, the date and time
reflected by the department's email system will determine the time
of receipt. Any document received after 4:30 p.m. on a business day,
or on a non-business day, is considered received at 8:00 a.m. on the
next business day. A document will not be considered received until
the department receives the entire document and the required filing
fee, if any.
(g) Equivalent of original. For all purposes attendant
to filing, a reproduction of a document filed with the department
under this section, including reproduction of signatures thereon,
is considered an original document.
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Source Note: The provisions of this §15.7 adopted to be effective July 17, 1997, 22 TexReg 6429; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective January 2, 2020, 44 TexReg 8232; amended to be effective March 12, 2024, 49 TexReg 1457 |