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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 34TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781SOCIAL WORKER LICENSURE
SUBCHAPTER CLICENSES AND LICENSING PROCESS
RULE §781.303Application
Repealed Date:08/24/2005

(a) An application for licensure must be on the official form designated by the board. Application packets which include the application form are available on request.

(b) The application process begins when the completed application form and fee are received in the board office.

(c) Receipt of an application form will be acknowledged by a letter from the executive director within 15 working days of receipt. The letter will include:

  (1) the licensing or recognition category requested;

  (2) deficiencies in documented qualifications, if any; and

  (3) additional documentation necessary for examination approval. This could include transcripts, supervisory references and other documents which verify qualifications.

(d) A letter approving the applicant to sit for the examination will be mailed within 15 working days of the receipt of all required documentation.

(e) If an applicant fails to fully document his or her qualifications within 12 months or to successfully complete the examination within 24 months of filing the application, his or her application will be voided and reapplication may be required. If the applicant fails the examination, reexamination will be required within the next 12 months or the application will be voided and reapplication may be required.

(f) If the applicant passes the examination, the executive director shall mail a notice of approval stating the fee for initial licensure.

(g) On receipt of the license fee in the board office, licensure for LMSW, LSW, or SWA will be immediately granted and the license will be mailed to the licensee within 10 working days.

(h) In the event an application is not processed in the time periods stated in this section, the applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the executive director. If the executive director does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied. The executive director will respond to the request for refund within 30 days from the date it is received. Good cause for exceeding the time period is considered to exist if the number of applications for license or license renewal exceeds by 15% or more the number of applications processed in the same calendar quarter the preceding year; another public or private entity relied upon by the board in the application process caused the delay; or any other condition exists giving the board good cause for exceeding the time period.

(i) If a request for reimbursement under this section is denied by the executive director, the applicant may appeal to the chairperson of the board for a timely resolution of any dispute arising from a violation of the time periods. The applicant shall give written notice to the chairperson at the address of the board that he or she requests full reimbursement of all fees paid because his or her application was not processed within the applicable time period. The executive director shall submit a written report of the facts related to the processing of the application and of any good cause for exceeding the applicable time period. The chairperson shall provide written notice of the chairperson's decision to the applicant and the executive director. An appeal shall be decided in the applicant's favor if the applicable time period was exceeded and good cause was not established. If the appeal is decided in favor of the applicant, full reimbursement of all fees paid in that particular application process shall be made.

(j) The time periods for contested cases related to the denial of a license or a license renewal are not included within the time periods in this section. The time period for conducting a contested case hearing runs from the date the board office mails notice of the proposed denial and ends when the decision of the board is final and appealable. A hearing may be completed within six months, but may extend for a longer period of time depending on the particular circumstances of the hearing.


Source Note: The provisions of this §781.303 adopted to be effective December 13, 1994, 19 TexReg 9493; amended to be effective November 24, 1995, 20 TexReg 9443; amended to be effective August 14, 1996, 21 TexReg 7382.

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