All references to the executive director in this section shall
allow for the delegation of authority by the executive director to
other staff members. An application for licensure shall be handled
in the following manner and order:
(1) The application is received at the board office.
(2) The executive director shall review the application
for completeness.
(3) The executive director shall:
(A) accept the application as administratively complete
and ready for technical evaluation; or
(B) acknowledge receipt of the application, notify
the applicant at the earliest possible time of deficiencies with the
application, and give the applicant 60 calendar days to correct deficiencies.
If requested by the applicant, the executive director may grant the
applicant an additional 30 calendar day period to submit any information
identified as necessary to complete the application. If the applicant
does not submit the necessary documents or correct deficiencies in
the time the board requires, the application shall be administratively
withdrawn in accordance with §133.89 of this chapter (relating
to Administratively Withdrawn Applications).
(4) Once an application is administratively complete,
the executive director shall perform a technical review and evaluate
the qualifications found in the application.
(5) The executive director may approve the application
if:
(A) all administrative and technical requirements have
been met according to the appropriate application type as set out
in Subchapter C of this chapter (relating to Professional Engineer
License Application Requirements);
(B) all experience required for licensure is acceptable
per Subchapter E of this chapter (relating to Experience);
(C) all references meet the requirements of Subchapter
F of this chapter (relating to Reference Documentation) and are considered
by the agency staff to be favorable; and
(D) the application does not require further review
under the criminal history background check requirements of §140.1
of this title (relating to Criminal History and Convictions - Engineers.)
(6) During the technical review of the application,
the Executive Director may request additional information or require
additional documentation to clarify an application and ensure eligibility
as needed.
(7) The executive director may deny an application
for licensure if the applicant does not:
(A) submit the minimum number of years of experience
to qualify for licensure;
(B) have an education acceptable to the board as prescribed
in §133.31 of this chapter (relating to Educational Requirement
for Applicants); or
(C) pass an examination within the time allotted.
(8) An applicant whose application has been denied
by the executive director under this section shall have 20 calendar
days from the date of the denial within which to request a reconsideration
and provide additional information to address the deficiencies as
set in §133.91 of this chapter (relating to Reconsideration of
Denied Application or Requests for Examination Waivers).
(9) An application for licensure that is not approved
or denied by the executive director pursuant to paragraphs (5) or
(7) of this section shall be subject to the procedure set out in §133.85
of this chapter (relating to Additional Review of and Action on Applications)
and §133.87 of this chapter (relating to Final Action on Applications).
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| Source Note: The provisions of this §133.83 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective March 23, 2023, 48 TexReg 1560 |
