| (a) Except as otherwise provided, an applicant for
licensure:
(1) whose documentation indicates any name other than
the name under which the applicant has applied must furnish proof
of the name change;
(2) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by Chapter 175 of this title (relating to Fees and Penalties).
Any further request for licensure will require submission of a new
application and inclusion of the current licensure fee. An extension
to an application may be granted under certain circumstances, including:
(A) delay by board staff in processing an application
due to an administrative error;
(B) application requires licensure committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) licensure committee requires an applicant to meet
specific additional requirements for licensure and the application
will expire prior to deadline established by the licensure committee;
(D) applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the application may be
required to appear before the board. It will be at the discretion
of the board whether or not the applicant will be issued a license;
(4) on whom adverse information is received by the
board may be required to appear before the board. It will be at the
discretion of the board whether or not the applicant will be issued
a license;
(5) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are received by the board;
(6) must have the application for licensure complete
in every detail at least 20 days prior to the board meeting at which
the applicant is considered for licensure. An applicant may qualify
for a training license prior to being considered by the board for
licensure, as required by §160.10 of this title (relating to
Training Licensure); and
(7) must complete an oath swearing that the applicant
has submitted an accurate and complete application.
(b) The executive director or a designee of the executive
director shall review each application for licensure and shall recommend
to the board all applicants eligible for licensure. The executive
director, a designee of the executive director, or board staff, may
consult with a member(s) of the advisory committee as part of such
application review. The executive director also shall report to the
board the names of all applicants determined to be ineligible for
licensure, together with the reasons for each recommendation. An applicant
deemed ineligible for licensure by the executive director may request
review of such recommendation by the board's licensure committee within
20 days of receipt of such notice, and the executive director may
refer any application to the licensure committee for a recommendation
concerning eligibility.
(1) If the licensure committee finds the applicant
ineligible for licensure, such recommendation, together with the reasons,
shall be submitted to the board unless the applicant requests a hearing
not later than the 20th day after the date the applicant receives
notice of the determination.
(2) The hearing shall be before an administrative law
judge of the State Office of Administrative Hearings and shall comply
with the Administrative Procedure Act and its subsequent amendments
and the rules of the State Office of Administrative Hearings and the
board. The board shall, after receiving the administrative law judge's
proposed findings of fact and conclusions of law, determine the eligibility
of the applicant for licensure.
(3) A medical physicist whose application for licensure
is denied by the board shall receive a written statement containing
the reasons for the board's action. All reports received or gathered
by the board on each applicant are confidential and are not subject
to disclosure under the Public Information Act, Texas Government Code,
Chapter 552. The board may disclose such reports to appropriate licensing
authorities in other states.
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