| (a) Initial review. A response to an incomplete application
will ordinarily be made 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 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 within 30 calendar days after notice
of deficiency has been sent to the applicant, the application may
be denied.
(d) Notice of intent to deny application. If the OCCC
does not find that the eligibility requirements for a license have
been met, then the OCCC will send a notice of intent to deny the license
application to the applicant.
(e) Hearing. An affected applicant has 30 calendar
days from the date of the notice of intent to deny the license application
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.
(f) Denial. If an application has been denied, the
assessment fee will be refunded to the applicant. The investigation
fee and the fingerprint processing fee in §83.3010 of this title
(relating to Fees) will be forfeited.
(g) Processing time.
(1) A license application will ordinarily be approved
or denied within a maximum of 30 calendar days after the date of filing
of a completed application.
(2) When a hearing is requested following an initial
license application denial, the hearing will be held within 30 calendar
days after a request for a hearing is made unless the parties agree
to an extension of time. A final decision approving or denying the
license application will be made after receipt of the proposal for
decision from the administrative law judge.
(3) Exceptions. More time may be taken where good cause
exists, as defined by Texas Government Code, §2005.004, for exceeding
the established time periods in paragraphs (1) and (2) of this subsection.
|
| Source Note: The provisions of this §83.3007 adopted to be effective November 10, 2011, 36 TexReg 7518; amended to be effective January 7, 2016, 41 TexReg 110; amended to be effective March 7, 2024, 49 TexReg 1259 |
