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RULE §17.53Action on Application

(a) Application. Within 30 days of receipt of an application for registration, the department shall make an initial determination of whether such registration permission shall be granted or denied and notify the applicant in writing. If the applicant is denied registration, then the applicant shall be provided a reason for such denial.

(b) Denial. An application or renewal of registration for the GO TEXAN Program and associated use of the GO TEXAN certification mark may be denied if:

  (1) application is not made in compliance with §17.52 of this subchapter (relating to Application for Registration to Use the GO TEXAN Certification Mark);

  (2) the applicant cannot provide adequate assurances that the product or service for which application is made qualifies and will continue to qualify for the program(s) in which it is enrolled;

  (3) the product is of a quality markedly inferior to that representative of similar products produced in Texas;

  (4) the applicant has misused the GO TEXAN certification mark prior to the date of application;

  (5) applicant's use of the GO TEXAN certification mark would either:

    (A) impair or frustrate the department's efforts to expand or encourage development of the markets for Texas agricultural and other products; or

    (B) fail to enhance the integrity and image of the GO TEXAN Program, as determined by the department; or

  (6) it has been determined not to be in accordance with department policy.

(c) Appeal. If the applicant wishes to contest such initial determination, notice of protest shall be filed by the applicant with the department within 15 days of receipt by the applicant of notice of such initial determination. The date of notification is the date the notice was mailed by first class mail or sent electronically to the applicant. Should notice of protest be timely filed, the applicant's request shall be administered as a contested case as provided for in the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Part 1, Chapter 1 of this title (relating to General Procedures).

(d) Failure to file Notice of Protest. If notice of protest has not been filed with the department within 15 days of receipt by the applicant of notice of such initial determination, such initial determination shall become final.

Source Note: The provisions of this §17.53 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective January 9, 2008, 33 TexReg 76; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292; amended to be effective February 12, 2023, 48 TexReg 656

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