| determination is made pursuant to Texas Government Code, Chapter 2001
and the department's appeal rules in this chapter.
(e) Notice to Last Known Address. The department will
send letters, noting application deficiencies or other correspondence
requesting necessary information, via U.S. mail, to the applicant's
last known address on file with the department, unless it later changes
its manner or policy on its notification process. It is the applicant's
responsibility to timely notify the department of any change in its
mailing address within ten days of such address change.
(f) Prolonged Application Review Process by the Department.
If the application review process is prolonged due to circumstances
surrounding a general investigation or criminal background investigation
of the applicant or due to any other administrative procedure within
the department or other unexpected event, the department may extend
the final review period regarding its review of the application and
its making a final determination of the applicant's eligibility for
initial or renewal certification, license or approval.
(g) Reimbursement of fees.
(1) In the event the application is not processed within
the time periods as stated in subsections (b) and (c) of this section,
the applicant has the right to request of the director of the Office
of EMS and Trauma Systems full reimbursement of all filing fees paid
in that particular application process. If the director does not agree
that the established periods have been violated or finds that good
cause existed for exceeding the established periods, the request will
be denied.
(2) Good cause for exceeding the period established
is considered to exist if:
(A) the number of applications for licenses, registrations,
certifications, and permits as appropriate to be processed exceeds
by 15% or more the number processed in the same calendar quarter the
preceding year;
(B) another public or private entity utilized in the
application process caused the delay; or
(C) other conditions existed giving good cause for
exceeding the established periods.
(h) Appeal. If the request for full reimbursement authorized
by subsection (g) of this section is denied, the applicant may then
appeal to the commissioner of health for a resolution of the dispute.
The applicant shall give written notice to the commissioner that it
requests full reimbursement of all filing fees paid because its application
was not processed within the adopted time period. The director shall
submit a written report to the commissioner, with a copy provided
to the applicant, of the facts related to the processing of the application
and good cause for exceeding the established time periods. The commissioner
will review the report and any documentation submitted by the applicant,
make the final decision on the matter, and provide written notification
of his or her decision to the applicant and the director.
(i) Sufficiently Complete Timely Filed Renewal Application.
A renewal application that the department timely has received before
the expiration date of a certificate, license or approval that contains
all of the following:
(1) correct, legible, dated, and signed by the applicant
on either a department approved paper form or on an online form; and
(2) the appropriate amount of application fee that
has cleared the applicant's financial institution.
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