| (a) Applicability. This rule applies to permits issued
administratively by the Commission through the operating divisions
listed in Table 1 of this section and for which the median permit
processing time exceeds seven days. These permits are listed in Table
1 of this section. For purposes of this rule, the term "permit" has
the meaning assigned in Texas Government Code Chapter 2005.
Attached Graphic
(b) Completeness. An application is complete when the
division or section shown in Table 1 has determined that the application
contains information addressing each application requirement of the
regulatory program and all information necessary to initiate the final
review by the division or section processing the application. For
purposes of this section, certain applicants are required to have
an approved organization report (Form P-5) on file with the Commission
in order for an application to be complete.
(c) Time periods.
(1) The date a permit application is received under
this section is the date the application reaches the designated division
or section within a division as shown in Table 1.
(2) The division or section shown in Table 1 shall
process permit applications in accordance with the time periods shown
in Table 1 for a particular permit. Time periods are counted on the
basis of calendar days.
(3) The Initial Review Period, shown in Table 1, begins
on the date the designated division or section receives the application
and ends on the date the division or section gives written notice
to the applicant indicating that either:
(A) the application is complete and accepted for filing;
or
(B) the application is incomplete, as described in
paragraph (4) of this subsection.
(4) If the division or section determines that an application
is incomplete, the division or section shall notify the applicant
in writing and shall describe the specific information required to
complete the application. An applicant may make no more than two supplemental
filings to complete an application. The Initial Review Period shall
start again each time the division or section receives a supplemental
filing relating to an incomplete application. After the second supplemental
submission, if the application is complete, the division or section
shall administratively rule on the application; if the application
is still incomplete, the division or section shall administratively
deny the application. The division or section specifically does not
have the authority to accept or review any other additional supplemental
submissions. The division or section shall notify the applicant in
writing of the administrative decision and, in the case of an administrative
denial, the applicant's right to request a hearing on the application
as it stands. The applicant may withdraw the application.
(5) The Final Review Period, shown in Table 1, begins
on the date the division or section makes a determination under paragraph
(3)(A) of this subsection and ends on the date the permit is:
(A) administratively granted;
(B) administratively denied; or
(C) docketed as a contested case proceeding if the
application is neither administratively granted nor administratively
denied.
(6) An applicant whose application has been administratively
denied may request a hearing by filing a written request for a hearing
addressed to the division or section processing the application, within
30 days of the date the application is administratively denied.
(7) Within seven days of either docketing an application
under paragraph (5)(C) of this subsection or receiving a written request
for a hearing under paragraph (6) of this subsection, the division
or section processing the application shall forward the file and any
request for hearing, including any memoranda or notes explaining or
describing the reasons for docketing or administrative denial, to
the Docket Services Section of the Hearings Division, which shall
process the application as prescribed in subsection (e) of this section.
(d) Complaint procedure.
(1) An applicant may complain directly to the Executive
Director if a division or section does not process an application
within the applicable time periods shown in Table 1, and may request
a timely resolution of any dispute arising from the claimed delay.
All complaints shall be in writing and shall state the specific relief
sought, which may include the full reimbursement of any fee paid in
that particular application process. As soon as possible after receiving
a complaint, the Executive Director shall notify the appropriate division
director of the complaint.
(2) Within 30 days of receipt of a complaint, the division
director of the division or section processing the application that
is the subject of the complaint shall submit to the Executive Director
a written report of the facts relating to the processing of the application.
The report shall include the division director's explanation of the
reason or reasons the division or section did or did not exceed the
established time periods. If the Executive Director does not agree
that the division or section has violated the established periods
or finds that good cause existed for the division or section to have
exceeded the established periods, the Executive Director may deny
the relief requested by the complaint.
(3) For purposes of this section, good cause for exceeding
the established period means:
(A) the number of permit applications to be processed
by the division or section exceeds by at least 15 percent the number
of permit applications processed by that division or section in the
same quarter of the previous calendar year;
(B) the division or section must rely on another public
or private entity to process all or part of the permit application
received by the agency, and the delay is caused by that entity; or
(C) other conditions exist that give the division or
section good cause for exceeding the established period, including
but not limited to circumstances such as personnel shortages, equipment
outages, and other unanticipated events or emergencies.
(4) The Executive Director shall make the final decision
and provide written notification of the decision to the applicant
and the division or section within 60 days of receipt of the complaint.
(e) Hearings. If an application is docketed as a contested
case proceeding, it is governed by the time periods in this chapter
(relating to Practice and Procedure) once the application has been
filed with the Docket Services Section of the Hearings Division.
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| Source Note: The provisions of this §1.201 adopted to be effective May 14, 2001, 26 TexReg 3482; amended to be effective January 9, 2002, 27 TexReg 138; amended to be effective May 13, 2004, 29 TexReg 4469; amended to be effective January 6, 2025, 50 TexReg 31 |
