|(a) Initial review. A response to an incomplete application
will ordinarily be made within 14 calendar days of receipt stating
that the application is incomplete and specifying the information
required for acceptance.
(b) Complete application. An application is complete
(1) it conforms to the rules and published instructions;
(2) all fees have been paid; and
(3) all requests for additional information have been
(c) Failure to complete application. If a complete
application has not been filed within 30 calendar days after notice
of deficiency has been sent to the applicant, the application may
(d) Hearing. Whenever an application is denied, the
affected applicant has 30 calendar days from the date the application
was denied to request in writing a hearing to contest the denial.
This hearing will be conducted pursuant to the Administrative Procedure
Act, Texas Government Code, Chapter 2001, and the rules of procedure
applicable under §9.1(a) of this title (relating to Application,
Construction, and Definitions), before an administrative law judge
who will recommend a decision to the commissioner. The commissioner
will then issue a final decision after review of the recommended
(e) Denial. If an application has been denied, the
assessment fee will be refunded to the applicant. The investigation
fee and the fingerprint processing fee in §83.3010 of this title
(relating to Fees) will be forfeited.
(f) Processing time.
(1) A license application will ordinarily be approved
or denied within a maximum of 30 calendar days after the date of
filing of a completed application.
(2) When a hearing is requested following an initial
license application denial, the hearing will be held within 30 calendar
days after a request for a hearing is made unless the parties agree
to an extension of time. A final decision approving or denying the
license application will be made after receipt of the proposal for
decision from the administrative law judge.
(3) Exceptions. More time may be taken where good cause
exists, as defined by Texas Government Code, §2005.004, for
exceeding the established time periods in paragraphs (1) and (2)
of this subsection.