| (a) An official application form shall be submitted to the
department by each applicant.
(b) The application shall be accompanied by the fee as set
out in §127.4 of this title (relating to Fees).
(c) Application processing requirements shall be as follows.
(1) Time periods. The department shall comply with the following
procedures in processing applications for placement on the registry.
(A) The following periods of time shall apply from the date
of receipt of an application until the date of issuance of a written notice
that the application is complete and accepted for filing or that the application
is deficient and additional specific information is required:
(i) a letter of acceptance of application--20 working days;
and
(ii) a letter of application deficiency--20 working days.
(B) The following periods of time shall apply from the receipt
of the last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. The time period for
denial includes notification of the proposed decision and of the opportunity
for an informal hearing. The time periods are as follows:
(i) a letter of approval--20 working days; and
(ii) a letter of denial of approval--90 days (this time limit
reflects the time allowed for the informal hearing; however, in most cases,
the time will be much shorter).
(2) Reimbursement of fees.
(A) In the event an application is not processed in the time
periods stated in paragraph (1) of this subsection, 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 program administrator.
If the program administrator 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.
(B) Good cause for exceeding the time period is considered
to exist if the number of applications for placement on the registry 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 department
in the application process caused the delay; or any other condition exists
giving the department good cause for exceeding the time period.
(3) Appeal. If a request for reimbursement under paragraph
(2) of this subsection is denied by the program administrator, the applicant
may appeal to the commissioner of health for a timely resolution of any dispute
arising from a violation of the time periods. The applicant shall give written
notice to the commissioner of health at the address of the department 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 program
administrator 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 commissioner of health shall provide written notice of the decision
to the applicant and the program administrator. An appeal shall be decided
in favor of the applicant 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.
(d) An application shall be approved if the applicant meets
the requirements in §127.2 of this title (relating to Approved Occupations)
for the applicable occupation.
(e) An application shall be disapproved if the applicant has:
(1) not met the requirements in §127.2 of this title (relating
to Approved Occupations); or
(2) failed or refused to properly complete or submit any application
form, endorsement, or fee or deliberately presented false information on any
form or document required by the department.
(f) If an application is disapproved, the applicant may request
informal reconsideration of the determination by the chief, bureau of licensing
and compliance. The request shall be made in writing to Chief, Bureau of Licensing
and Compliance, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756, within 10 days of the applicant's receipt of the notice of disapproval.
(g) Upon approval of an application, the applicant's name shall
be placed on the registry for the appropriate occupation for a period of one
year from the date of approval. The department shall issue evidence of placement
on the registry to each approved provider.
(h) A provider must reapply annually in accordance with subsections
(a) and (b) of this section in order to continue to remain on a registry.
When the registry of a specific occupation is removed, providers will be notified
at the time of annual reapplication that there is no longer a registry for
that occupation.
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