An application that is not approved or denied per §133.83
of this chapter (related to Processing, Review, and Evaluation of
Applications) shall be subject to the following process to determine
eligibility for licensure.
(1) The executive director will identify the deficiency
in the application that prohibits approval as set out in §133.83(5)
of this chapter and will draft a Corrective Action Plan (CAP) based
on the table in §133.101 of this chapter (relating to Proposed
Actions on Applications). The executive director may refer the application
and draft CAP to the Licensing Committee for its consideration, before
sending the CAP to the applicant, if deemed necessary.
(2) The executive director will present the applicant
with the CAP in writing. The applicant will have 15 days to respond
in writing to the CAP. The applicant shall:
(A) accept the terms of the proposed CAP by signing
it; or
(B) request a personal interview with the Licensing
Committee as set out in §133.93 of this chapter (relating to
Personal Interviews of Applicants).
(3) If the applicant accepts the proposed CAP the applicant
will be required to successfully complete all conditions of the CAP
prior to approval of the application.
(4) Criminal History Deficiency. If the executive director
determines the deficiency relates to a violation of the criminal history
background check requirements as set out in §140.1 of this title
(relating to Criminal History and Convictions - Engineers), the executive
director shall refer the application to the Licensing Committee for
personal interview without first offering the applicant a proposed
CAP.
|
| Source Note: The provisions of this §133.85 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 23, 2023, 48 TexReg 1560 |
