| (a) Initial review. The agency will generally respond
to incomplete applications 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
when:
(1) it conforms to the rules and the OCCC's published
instructions;
(2) all fees have been paid; and
(3) all requests for additional information have been
satisfied.
(c) Failure to complete application. If a complete
application has not been filed with the OCCC within 30 days after
notice of deficiency has been sent to the applicant, the application
may be denied.
(d) Hearing. Whenever an application is denied, the
applicant has 30 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 decision.
(e) Denial. The commissioner will inform the applicant
in writing of the reasons for denial. Upon the final denial of an
application, the annual fee will be refunded to the applicant. The
investigation fee will be forfeited.
(f) Processing time.
(1) A registered provider application will ordinarily
be approved or denied within a maximum of 60 days after the date of
filing of a completed application.
(2) More time may be taken where good cause exists,
as defined by Texas Government Code, §2005.004, for exceeding
the established time period in paragraph (1) of this subsection.
|
| Source Note: The provisions of this §88.103 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective January 2, 2014, 38 TexReg 9488; amended to be effective January 7, 2016, 41 TexReg 123; amended to be effective March 8, 2018, 43 TexReg 1258 |
