| (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 completion.
(b) Application requirements. An application must contain
all of the items required in accordance with §85.202 of this
title (relating to Filing of New Application), §85.203 of this
title (relating to Relocation), or §85.205 of this title (relating
to Transfer of License; New License Application on Transfer of Ownership)
as appropriate.
(c) Complete application. An application is complete
when:
(1) the application conforms to the statutes, rules,
and published instructions;
(2) all fees have been paid; and
(3) all requests for additional information have been
satisfied.
(d) Competing application. An application in a county
with a population of 250,000 or more will be acted upon based on the
chronological order in which the application was accepted pursuant
to subsection (b) of this section. A competing application may not
be granted until a final ruling on any preceding competing application
has been made.
(e) Notice of application and protest procedures. A
notice of the application will be sent to each pawnshop licensee in
the county of the proposed location in accordance with this subsection.
The notice will state a date and time, 10 working days following the
date of notice, by which any interested person may request a hearing.
Any pawnbroker who believes that the applicant's proposed pawnshop
will significantly affect that pawnbroker's current business may submit
a sworn petition to be admitted as a party in opposition to an application
for a new or relocated pawnshop. The sworn petition must contain facts
relevant to the eligibility of the applicant and how the protesting
pawnshop licensee will be affected by the approving of the proposed
application. The commissioner will admit a protesting pawnshop licensee
as a party if the protestor can show that it would be significantly
affected by the granting of the license and if the protestor can show
facts relevant to the eligibility of the applicant. A copy of the
sworn petition will be delivered to the applicant and certification
of that delivery will be made to the commissioner at the time of filing.
A person may appear, present evidence, and be heard on a license only
if the person has filed a sworn petition and been accepted as a party
by the commissioner.
(1) Notice of application delivered to master file
e-mail address. If a pawnshop licensee has provided a master file
e-mail address to the OCCC, then the OCCC will send any notice of
application applicable to the pawnshop licensee to the master file
e-mail address on file for the pawnshop licensee.
(2) Notice of application delivered to master file
mailing address. If a pawnshop licensee has not provided a master
file e-mail address to the OCCC or the OCCC receives notice that attempts
to send a notice of application via e-mail have been returned as undeliverable,
then the OCCC will send any notice of application applicable to the
pawnshop licensee via first class mail to the master file mailing
address on file for the pawnshop licensee.
(f) Decision on application. The OCCC may approve or
deny an application.
(1) Approval. The OCCC will approve the application
upon payment of the appropriate fees and a finding of the eligibility
and statutory location requirements.
(A) Eligibility requirements.
(i) A belief that the pawnshop will be operated lawfully
and fairly. In evaluating this standard, the OCCC will consider an
applicant's background and history. If the OCCC questions the applicant's
ability to meet this standard, the OCCC may require further conditions,
such as probation, to favorably consider an applicant for a license.
(ii) Financial responsibility. In evaluating the financial
responsibility of an applicant, the OCCC may investigate the history
of an applicant and the principal parties of the applicant as to the
payment of debts, taxes, and judgments, if any, and handling of financial
affairs generally.
(iii) Experience. In evaluating experience, the OCCC
will consider the applicant's background and history as well as the
personnel that the applicant plans to use in the operation and management
of the pawnshop.
(iv) Character and fitness. In evaluating an applicant's
character and fitness to command the confidence of the public, the
OCCC will consider the applicant's overall background and history,
including the applicant's criminal history as described in §85.601
of this title (relating to Denial, Suspension, or Revocation Based
on Criminal History). Providing misleading information on the application
or failing to disclose information to the OCCC may be grounds for
denial.
(v) Net assets. Net assets are calculated by taking
the sum of current assets and subtracting all liabilities either secured
by those current assets or unsecured. Liabilities not included in
the calculation are those liabilities that are secured by assets other
than current assets including subordinated debt. Debt that is either
unsecured or secured by current assets may be subordinated to the
net asset requirement pursuant to an agreement of the parties providing
that assets other than current assets are sufficient to secure the
debt.
(B) Distance requirement. A pawnshop within a county
with a population of 250,000 or more must not be less than two miles
from an existing pawnshop or if the application is for a relocation
it must meet the requirements in §85.203(f)(2) of this title.
(2) Denial.
(A) Application incomplete 30 days after deficiency
notice sent. If an application has not been completed within 30 days
after notice of deficiency has been sent to the applicant, the application
may be denied.
(B) Failure to demonstrate requirements. The commissioner
may also deny an application when the applicant fails to demonstrate
the eligibility requirements or the applicant fails to meet the distance
requirements.
(g) Hearing. When an application is denied, the applicant
has 30 days from the date of the denial to request a hearing in writing
to contest the denial. Also, upon a proper and timely protest pursuant
to subsection (e) of this section, a hearing will be set. This hearing
will be conducted within 60 days of the date of the appeal or protest
unless the parties agree to an extension of time or the administrative
law judge grants an extension of time 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
either approving or denying the license.
(h) Processing time. The OCCC will ordinarily approve
or deny a license application within 60 days after the date the application
is complete. The OCCC may take more time if previous competing applications
are on file, the placement of a reinstated expired pawnshop license
would have an impact on the approval of an application, or where other
good cause exists as defined by Texas Government Code, §2005.004
for exceeding the established time periods in this section.
|
| Source Note: The provisions of this §85.206 adopted to be effective September 5, 1999, 24 TexReg 6714; amended to be effective September 19, 2005, 30 TexReg 5335; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective March 1, 2016, 41 TexReg 121; amended to be effective January 1, 2017, 41 TexReg 8815; amended to be effective February 1, 2019, 43 TexReg 8584; amended to be effective October 1, 2019, 44 TexReg 4719 |
