| (III) Section 12.024(f) of the Code directs the department to send a renewal notice on or before the 30th day prior to expiration of a license. Section 12.024(f) does not require or direct that a renewal notice be received by the licensee on or before the 30th day prior to expiration of the license. The department considers the wording of Section 12.024(f) precatory in nature and nothing in that provision shall be construed to require waiver of a late fee solely because the renewal notice was not sent to or received by the requester on or before the 30th day prior to expiration of the license that was the subject of the renewal notice. (IV) The responsible assistant commissioner will decide on a case-by-case basis whether an alleged failure to send the renewal notice on or before the 30th day prior to expiration significantly impaired the licensee's ability to timely renew. The responsible assistant commissioner shall take into account the requirements for renewal for the particular license, the amount of time past the 30th day (prior to expiration) that the renewal notice was actually sent, if this can be determined, and any other circumstances relevant to the licensee's ability to comply by the renewal deadline in light of the alleged late mailing. (V) Absent a postmark or information within the department's records showing otherwise, for purposes of applying this clause a renewal notice is conclusively presumed to have been sent on or before the 30th day prior to expiration of the license that was the subject of the renewal notice. (v) Entities that ordinarily qualify for waiver of licensing fee. The entity is listed in subsection (c)(2)(A) of this subsection and is subject to a renewal fee due to the entity's failure to timely file for a waiver, show good cause for failing to timely file for a waiver, or timely meet the renewal requirements for their license. (vi) Other justifiable reasons. Any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The department may, by written notice published in the In Addition section of the Texas Register, prospectively or retroactively waive late fees for an entire class of licensees if, due to malfunctions in the renewal generation process, a class of license renewals are mailed less than 30 days prior to the normal expiration date for that class of licenses or under other circumstances as deemed necessary for the just and fair treatment of an entire class of licensees. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (C) Inspection Fees. Inspection fees are generally required for legislatively mandated cost recovery purposes and will not be waived except for extraordinary reasons. Unless another controlling law prohibits waiver, these fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (D) Other Fees. Unless waiver is prohibited by another controlling law, other fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (d) Procedure to request a waiver of a fee. (1) A separate request for waiver of a fee or fees must be filed for each period for which the fee or fees are due. (2) To qualify for a fee waiver, the person owing the fee or that person's authorized representative or agent must file with the department a written request, that the fee be waived, by the deadline specified in subsection (e) of this section. (A) The request must be signed by the person or the person's authorized representative or agent, which may be the person's supervisor, manager, responsible executive officer, or other legal representative. (B) A request from a governmental entity must be filed on the letterhead of the governmental entity. (C) The department recommends that the request be sent by certified mail, return receipt requested, or any other method that will provide proof of delivery. (3) Except as otherwise provided in this subsection regarding letterhead requirements, the request must be filed on a department Request to Waive Fee Form, or other written communication that contains all of the following information for each fee for which a waiver is requested: (A) the name, address, and phone number of the person owing the fee; (B) the client and account numbers of the person owing the fee, if any; (C) if requested by the authorized agent or representative of the person owing the fee, the agent's or representative's name, title, and phone number and a statement certifying that the agent or representative is authorized to act on behalf of the person owing the fee; (D) a description of the fee for which waiver is requested; (E) the amount of the fee for which waiver is requested; (F) a statement or list of the reason or reasons that the waiver is requested (the department recommends that the person requesting the fee waiver refer to the appropriate subsection and paragraph in subsection (c) of this section); (G) the dated signature of the person filing the request; (H) any documentation that proves, confirms, or supports the reason or reasons proffered in requesting that the fee be waived. (e) Deadline for filing a request to waive a fee. (1) Except as otherwise expressly provided by this section or when good cause exists under subsection (c)(2)(A) of this section, failure to file a request for fee waiver by the deadlines provided in this subsection shall without exception result in denial of the waiver request. (2) Except as specified in paragraph (4) of this subsection, a request for waiver of a fee or portion thereof must be filed (received by the department) on or before the 10th business day after the person who owes the fee or portion thereof, or that person's authorized agent or representative, is first notified by the department in writing that the fee or portion thereof is due. (3) For mailed notices, except as provided by paragraph (4) of this subsection, the date of first notification is conclusively presumed to be the 3rd business day after the date, according to department records, the notice was mailed to the person's last known address, also according to department records. (4) If a mailed notice or the department records pertaining thereto contains an obvious significant typographical error by the department that could reasonably have resulted in misdelivery of the notice, then the request for waiver must be filed on or before the 10th business day after a written notice is first sent by facsimile transmission to a confirmed facsimile number, sent by electronic mail to a confirmed electronic mail address, delivered by hand, or served on the person owing the fee, or that person's authorized agent or representative, by other written means for which a delivery date can be determined. (f) Approval of a request to waive a fee--determinations not requiring responsible assistant commissioner approval. When reviewing requests stating reasons which do not require responsible assistant commissioner approval, the department shall approve or disapprove waiver of the fee in writing within 15 business days after the date the department receives the request. If the department fails to act on such a request on or before the 15th business day after the date the department receives the request, the requested waiver shall be deemed approved. (g) Approval of a request to waive a fee--circumstances requiring responsible assistant commissioner approval. When reviewing requests stating reasons which require responsible assistant commissioner approval, the department shall approve or disapprove waiver of the fee in writing within 20 business days after the date the department receives the request. If the department fails to act on such a request on or before the 20th business day after the date the department receives the request, the requested waiver shall be deemed disapproved. (h) Circumstances for granting waivers. A list of the circumstances under which waivers been previously granted under this section will be made available to the public either on the department's website or by mail upon request. The department's assertion that it will publish or make available lists of reasons resulting in previously granted waiver requests is precatory in nature and the department's failure to publish or make available any such list shall not constitute grounds for waiver of a fee under this section and shall not excuse noncompliance with the procedural requirements or deadlines for requesting a waiver. (i) Delegation by assistant commissioner. The responsible assistant commissioner may delegate any duty or privilege established by this section and the employee to whom the duty or privilege is delegated shall have the same authority as the delegating responsible assistant commissioner. |
