| (a) The date a license application is received is the
date the application reaches the Texas Health and Human Services Commission
(HHSC).
(b) An application for an initial license is complete
when HHSC has received the application fee and received, reviewed,
and found acceptable the information described in §509.24 of
this subchapter (relating to Application and Issuance of Initial License).
(c) An application for a renewal license is complete
when HHSC has received the application fee and received, reviewed,
and found acceptable the information described in §509.25 of
this subchapter (relating to Application and Issuance of Renewal License).
(d) HHSC shall process an application from an applicant
for an initial license or a facility for a renewal license in accordance
with the following time periods.
(1) The first time period begins on the date HHSC receives
the complete application and ends on the date HHSC issues the license.
The first time period is 45 calendar days.
(2) If HHSC receives an incomplete application, the
first time period ends on the date HHSC issues a written notice to
the applicant or facility that the application is incomplete. The
written notice shall describe the specific information HHSC requires
before HHSC considers the application complete.
(3) For incomplete applications, the second time period
begins on the date HHSC receives the last item necessary to complete
the application and ends on the date HHSC issues the license. The
second time period is 45 calendar days.
(e) In the event HHSC does not process the application
in the time periods stated in subsection (d) of this section, the
applicant has the right to request that HHSC reimburse in full the
fee paid in that particular application process. If HHSC does not
agree that the established periods have been violated or finds that
good cause existed for exceeding the established periods, HHSC shall
deny the request.
(f) Good cause for exceeding the period established
is considered to exist if:
(1) the number of applications for licenses to be processed
exceeds by 15 percent or more the number processed in the same calendar
quarter the preceding year;
(2) another public or private entity used in the application
process caused the delay; or
(3) other conditions existed giving good cause for
exceeding the established periods.
(g) If the request for reimbursement as authorized
by subsection (e) of this section is denied, the applicant may then
appeal to the HHSC Executive Commissioner (executive commissioner)
for a resolution of the dispute. The applicant shall give written
notice to the executive commissioner requesting reimbursement of the
fee paid because the application was not processed within the established
time period. HHSC shall submit a written report of the facts related
to the processing of the application and good cause for exceeding
the established time periods. HHSC shall make the final decision and
provide written notification of the decision to the applicant and
HHSC.
(h) If a hearing is proposed during the processing
of the application, the hearing shall be conducted under Texas Government
Code Chapter 2001 (relating to Administrative Procedure); 1 TAC Chapter
357, Subchapter I (relating to Hearings Under the Administrative Procedure
Act); and 1 TAC Chapter 155 (relating to Rules of Procedure).
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