Following submission of the information required by §17.10
of this title (relating to Application for Use Determination), the
executive director shall determine whether the pollution control property
is used wholly or partly for the control of air, water, and/or land
pollution. If the determination is that the property is used partly
for pollution control, the executive director shall determine the
proportion of the property used for pollution control.
(1) As soon as practicable, the executive director
shall send notice by regular mail or electronic mail to the chief
appraiser of the appraisal district for the county in which the property
is located that the person has applied for a use determination under
this chapter.
(2) As soon as practicable after receipt of an application
for use determination, the executive director shall send written notification
informing the applicant that the application is administratively complete
or that it is deficient.
(A) If the application is not administratively complete,
the notification will specify the deficiencies, and allow the applicant
30 days to provide a revised application with the requested information.
If the applicant does not submit the requested information within
30 days, the executive director shall take no further action on the
application and the application fee will be forfeited under §17.20(b)
of this title (relating to Application Fees). If the first revised
application is deficient, the executive director shall send written
notification informing the applicant that the application is deficient
and providing the applicant 30 days to provide a second revised application.
If the second revised application is not administratively complete
or the applicant does not provide a second revised application within
the 30 days, the executive director shall take no further action on
the application and the application fee will be forfeited under §17.20(b)
of this title.
(B) The executive director may request additional technical
information within 60 days of issuance of an administrative completeness
letter. If additional information is requested, the applicant shall
provide a revised application with the requested information. If the
revised application is determined to be incomplete or the applicant
does not provide the requested technical information within 30 days,
the executive director may request additional technical information
or the executive director may decide to take no further action on
the application and the application fee will be forfeited under §17.20(b)
of this title. The executive director may not issue more than two
notices of deficiency after the issuance of an administrative completeness
letter on an application.
(C) The technical review process is limited to a total
of 230 days from the date of declaration that the application is administratively
complete. If at the end of the review period the application is considered
to be incomplete, the executive director shall issue a negative use
determination for failure to document the eligibility of the property/equipment
to receive a positive use determination.
(D) An application where the executive director will
take no further action under subparagraph (A) or (B) of this paragraph
may be refiled by the applicant. In such cases, the applicant shall
pay the appropriate fee as required by §17.20 of this title.
(3) For applications covering property listed in the
table in §17.17(b) of this title (relating to Partial Determinations),
the executive director will complete the technical review of the application
within 30 days of receipt of the required application information
without regard to whether the information required by §17.10(d)(1)
of this title has been submitted.
(4) The executive director shall determine whether
the property is or is not used wholly or partly to control pollution.
The executive director is authorized to grant positive use determinations
for the portion of the property included in the application that is
deemed pollution control property.
(A) If a positive use determination is made, the executive
director shall issue a use determination letter to the applicant that
describes the proportion of the property that is pollution control
property.
(B) If a negative use determination is made, the executive
director shall issue a denial letter explaining the reason for the
denial.
(C) A letter enclosing a copy of the determination
shall be sent by regular or electronic mail to the chief appraiser
of the appraisal district for the county in which the property is
located.
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| Source Note: The provisions of this §17.12 adopted to be effective June 17, 1999, 24 TexReg 4425; amended to be effective January 9, 2002, 27 TexReg 185; amended to be effective February 7, 2008, 33 TexReg 932; amended to be effective December 13, 2010, 35 TexReg 10964; amended to be effective August 28, 2014, 39 TexReg 6483 |
