|(a) DADS reviews an application for a license within
30 days after the date DADS' Licensing and Credentialing Section receives
the application and notifies the applicant if additional information
is needed to complete the application.
(b) DADS denies an application that remains incomplete
120 days after the date that DADS' Licensing and Credentialing Section
receives the application.
(c) DADS issues a license within 30 days after DADS
determines that the applicant and the facility have met all licensure
requirements referenced in §92.14 of this subchapter (relating
to Initial License Application Procedures and Requirements) or §92.15
of this subchapter (relating to Renewal Procedures and Qualification),
(d) If DADS does not process an application in the
time period stated, the applicant has a right to make a request to
the program director for reimbursement of the license fees paid with
(1) If the program director does not agree that the
established time period has been violated or finds that good cause
existed for exceeding the established time period, the program director
denies the request.
(2) Good cause for exceeding the established time period
(A) the number of applications to be processed exceeds
by 15 percent or more the number processed in the same calendar quarter
of the preceding year;
(B) DADS must rely on another public or private entity
to process all or a part of the application received by DADS, and
the delay is caused by that entity; or
(C) other conditions existed giving good cause for
exceeding the established time period.
(3) If the request for reimbursement is denied, the
applicant may appeal to the DADS commissioner for resolution of the
dispute. The applicant must send a written statement to the DADS commissioner
describing the request for reimbursement and the reason for the request.
The DADS commissioner will make a timely decision concerning the appeal
and notify the applicant in writing of the decision.
|Source Note: The provisions of this §553.13 adopted to be effective January 15, 2009, 34 TexReg 240; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886