|(a) Any license issued under the Bingo Enabling Act
expires one calendar year or two calendar years from the first date
of the license period, as specified on the license.
(b) In order to renew a license issued under the Bingo
Enabling Act, a licensee must timely file an application for renewal
with the Commission. The renewal application must be on a form prescribed
by the Commission. The Commission will not approve a renewal application
until the application is complete and the licensee submits the requisite
fee pursuant to §402.404 of this title (relating to License Classes
and Fees). A licensee is solely responsible for the timely filing
of an application for renewal of its regular license.
(c) The Commission may notify licensees regarding the
expiration of their license(s) and the potential for renewal. Failure
of the licensee to receive the renewal notice(s) mailed by the Commission
is not a mitigating circumstance for untimely filing of a renewal
(d) To be timely filed:
(1) the renewal application and payment, if applicable,
of the estimated license fee must be received by the Commission no
later than the license expiration date; or
(2) the renewal application's envelope postmarked date
must clearly show a date that is no later than the license expiration
date, unless the expiration date is a Saturday, Sunday, or legal holiday,
in which event the application is due the next day which is not a
Saturday, Sunday, or legal holiday; or
(3) an application bearing no legible postmark, postal
meter date, or date of delivery to the common carrier shall be considered
to have been sent seven calendar days before receipt by the Agency,
or on the date of the document if the document date is less than seven
days earlier than the date of receipt.
(e) Notwithstanding subsection (b) of this section,
if a renewal application is not timely filed, a licensee may renew
their license by filing a complete application for renewal with the
Commission and, if applicable, submitting the requisite license fee
and late license renewal fee. The late license renewal fee is based
on the estimated license fee for the renewal period. Penalty amounts
are calculated as follows:
(f) Any required late license renewal fee is due within
14 calendar days of the date of the written notification by the Commission
of the amount due.
(g) The Commission will not issue a temporary license
to a licensed authorized organization that has not filed its renewal
(h) A late license renewal fee is not refundable.
(i) License renewal applications received more than
60 days after the license expiration date will be returned unprocessed
by the Commission to the sender.
(j) To be complete, an application for renewal must
contain all information that is required to be provided in or with
the initial license application, as well as any other information
required by the Commission.
(1) All information submitted to the Commission must
be legible, correct, and complete.
(2) If any information previously submitted to the
Commission with the licensee's initial license application or a previous
renewal application has not changed since the information was last
submitted to the Commission, the renewal applicant need not provide
that information again. The applicant must certify on the renewal
application that no changes have been made to the specific information
since it was last submitted to the Commission.
(k) Unless otherwise provided by law or rule, the general
licensing provisions in §402.400 of this title (relating to General
Licensing Provisions) shall govern the license renewal process, including
the submission and review of the renewal application, as if the renewal
application was an initial license application.
(l) Except as authorized by the Charitable Bingo Operations
Director, or their designee, license renewal applications received
by the Commission more than 60 days prior to the current license expiration
date will be returned unprocessed by the Commission to the sender.
|Source Note: The provisions of this §402.411 adopted to be effective January 28, 2010, 35 TexReg 482; amended to be effective January 1, 2014, 38 TexReg 9538; amended to be effective February 25, 2015, 40 TexReg 815; amended to be effective August 1, 2016, 41 TexReg 5505; amended to be effective December 31, 2017, 42 TexReg 7392