| its determination to either
grant or propose denying the certification or license for not more
than two years after the application's filing date. If the applicant
fails to timely provide the department with written substantial proof
noting fulfillment of certain eligibility requirements, thus making
the application complete for filing, within two years after the application
filing date, the application is deemed to be withdrawn and/or void
and the application fee is forfeited.
(B) If an initial application for an EMS Provider License,
FRO license, EMS Education Program Approval, EMS Course Approval,
EMS Continuing Education Provider Approval, EMS Information Operator
Training Program Approval, or EMS Information Operator Instructor
Training Program Approval, is deficient because the applicant has
not yet fulfilled certain eligibility requirements, outlined in this
chapter, and the applicant has timely notified the department of such,
the department may withhold making its determination to either grant
or propose denying the certification, license or approval for not
more than six months after the application's filing date. If the applicant
fails to timely provide the department with information or written
substantial proof noting fulfillment of certain eligibility requirements,
thus making the application complete for filing, within six months
after the application filing date, the application is deemed to be
withdrawn and/or void and the application fee is forfeited.
(d) Timeliness Issues Regarding a Renewal Application.
(1) Continuance of License. If the department receives
a sufficiently complete timely filed renewal application along with
the full amount of the renewal fee prior to midnight of the expiration
date of the certificate, license or approval to be renewed, the certificate,
license or approval does not expire, but continues during the department's
review of the application for completeness or, if applicable, its
criminal background investigation of the applicant and continues during
its processing of the application to make a determination either to
grant, or propose to deny, the renewal of the certification, license
or approval.
(2) Expiration of License. If the department does not
timely receive a renewal application and the correct amount of renewal
fee, or only receives the application but not the full amount of the
renewal fee prior to midnight of the expiration date of the certificate,
license or approval to be renewed, then the certificate, license or
approval expires at midnight of the expiration date. Even if the applicant
untimely files the application with the full amount of the fee, the
department will review the application for completeness and if the
application is complete or later becomes timely completed, it will
then process the application to determine eligibility either to renew,
or otherwise to propose to deny the renewal of, the certification,
license or approval. During that review and processing period, the
person or entity will not be certified, licensed, or approved. If
renewal is granted, the renewed license, certification or approval
will begin on the date the department grants it, which most likely
will not be on the date immediately following the expiration date.
An untimely filed EMS provider renewal application will require the
applicant to file an initial application and to meet EMS provider
license requirements in effect for an initial applicant at that time.
(3) Uncured Application Deficiencies. If the department
does not timely receive from the applicant any information in response
to the department's first or second written notice(s) of application
deficiencies and request(s) for curing information, the department
may propose to deny renewal of the license, certification or approval.
(4) Incomplete Requested Criminal Background Information.
If the department does not timely receive from the applicant any requested
information needed to complete its criminal background investigation
to determine the applicant's continued eligibility, the department
may propose to deny renewal of the certification.
(5) Proposed Denial of Renewal. If the department proposes
to deny renewal for failure to timely provide requested information
to cure application deficiencies or requested information to complete
a criminal background information or for failure to meet eligibility
requirements, and sends, via United States mail, written notice to
the applicant proposing to deny renewal of the certification, license
or approval and if the department timely receives from the applicant
a written request for an administrative appeal hearing, the certificate,
license or approval continues past its expiration date until a final
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.
|
