(a) Applicability. Except as otherwise provided in
this subchapter, this section applies to each:
(1) certification form and marking application, including
those submitted in an alternate form in accordance with §34.1212(c)
of this subchapter (relating to Promulgated and Alternate Certification
Forms and Marking Applications);
(2) request for an alternate certification or marking
application form;
(3) request for an alternative test method and performance
standard; and
(4) applicable fee required to be submitted to the
SFMO under the Health and Safety Code §796.005(e) and §34.1211
of this subchapter (relating to Certification Filing Fees).
(b) Submissions.
(1) Promulgated certification forms and marking applications.
The certification form and marking application form specified in §34.1212
of this title (relating to Promulgated and Alternate Certification
Forms and Marking Applications) may be obtained from the State Fire
Marshal's Office, Mail Code 112-FM, Texas Department of Insurance,
P.O. Box 149221, Austin, Texas 78714-9221 or the department's website
at www.tdi.texas.gov/forms/forms18.html.
(2) Alternate certification form or marking application.
A manufacturer may submit a request to the SFMO to use an alternate
form as specified in §34.1212(c) of this subchapter in lieu of
the promulgated certification form or marking application specified
in §34.1212(a) and (b) of this subchapter. A manufacturer may
request to use an alternate certification form or an alternate marking
application, or both an alternate certification form and an alternate
marking application. The request to use an alternate form should be
submitted to the address specified in paragraph (1) of this subsection.
(3) Manner of submission.
(A) All certification forms, marking applications,
including those submitted in an alternate form, requests for an alternative
test method and performance standard, and applicable fees required
to be submitted pursuant to the Health and Safety Code Chapter 796
and this subchapter must be submitted to the Fire Standard Compliant
Cigarette Program Coordinator, State Fire Marshal's Office, Mail Code
112-FM, Texas Department of Insurance, P.O. Box 149221, Austin, Texas
78714-9221, or to the extent that the SFMO and department determine
an acceptable means of electronic submission, a certification form,
marking application, request for an alternate certification or marking
application form, request for an alternative test method and performance
standard, or applicable fee may be submitted electronically.
(B) Each certification form and marking application
or approved-for-use alternate certification or marking application
form submitted to the SFMO must be fully completed before it will
be accepted and the filing will be considered for the purpose it was
submitted. A completed certification form or marking application or
completed alternate certification or marking application form is one
that provides all required information and is accompanied by all required
fees.
(4) SFMO initial actions on initial submissions.
(A) If the SFMO determines the submitted marking application
is incomplete, the SFMO shall provide the manufacturer with written
notice stating the reasons why the submitted marking application is
incomplete. If this notification is not postmarked within 10 business
days following the receipt of the marking application, the marking
application is deemed approved as provided in §34.1210(c)(2)
(relating to Marking of Package).
(B) A certification that includes payment of all required
fees is considered valid until the SFMO disapproves the certification
submission in writing.
(C) The SFMO will provide written notice as specified
in subsection (c) of this section that:
(i) the certification form or marking application has
been accepted as complete or that the request for an alternative testing
method or request for an alternate certification or marking application
form has been approved; or
(ii) the submission has been disapproved. Disapprovals
shall state in writing the reason the submission was not approved
and that the person may take action as provided under paragraph (5)
of this subsection.
(5) Resubmissions. If the submission is disapproved,
the person making the submission may complete or correct the submission
and resubmit it.
(A) If the corrected or completed submission is resubmitted
to the SFMO within 180 days of receipt by the SFMO of the initial
submission, the corrected or completed submission may be submitted
without payment of additional fees.
(B) If the corrected or completed submission is not
submitted within the 180-day time period, the corrected or completed
submission constitutes a new submission and must be submitted with
an additional payment to the SFMO of all required fees as specified
in §34.1211 of this subchapter (relating to Certification Filing
Fees).
(C) If the person chooses not to correct and resubmit
the submission, the person shall have 30 days from the date of the
last disapproval notice to make a written request for hearing to the
SFMO. If a hearing is requested, the hearing will be granted, and
the procedures for a contested case under the Administrative Procedure
Act, Government Code Chapter 2001, shall apply.
(c) Written Notice from the SFMO. Notice by the SFMO,
as required by provisions of this subchapter, shall be given by personal
service or mailed, postage prepaid, to the mailing address of record
for the submitting entity.
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