(a) If an application or petition is received which
is not administratively complete, the executive director shall notify
the applicant of the deficiencies by electronic mail or certified
mail return receipt requested prior to expiration of the applicable
review period established by §281.3(a), (b), and (d) of this
title (relating to Initial Review).
(1) The executive director will evaluate the applicant's
response to the notice of administrative deficiencies within eight
working days of receipt and, where applicable, shall prepare a statement
of receipt of the application and declaration of administrative completeness
in accordance with §281.17 of this title (relating to Notice
of Receipt of Application and Declaration of Administrative Completeness).
For applications for radioactive material licenses, the executive
director shall evaluate the applicant's response to the notice of
administrative deficiencies within 30 days of receipt.
(2) If the required information is not received from
the applicant within the timeframe specified in the deficiency notice,
the executive director shall return the incomplete application to
the applicant. The executive director shall send at least one deficiency
notice via certified mail return receipt requested, providing the
applicant 30 days to respond, before an application may be returned.
(b) For applications involving industrial, hazardous,
or municipal waste, or for new, renewal, or major amendment applications
for radioactive material licenses, the executive director may grant
an extension of an additional 60 days beyond the original 30 days
allowed under the rule for a total response time of 90 days upon sufficient
proof from the applicant that an adequate response cannot be submitted
within 30 days. Unless there are extenuating circumstances, if an
applicant does not submit an administratively complete application
as required by this chapter, the application shall be considered withdrawn.
However, if applicable, the applicant is responsible for the cost
of any notice provided under §281.17 of this title and the costs
of such notice shall be deducted from any filing fees submitted by
the applicant prior to return of the incomplete application.
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Source Note: The provisions of this §281.18 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective December 16, 1987, 12 TexReg 4530; amended to be effective November 5, 1990, 15 TexReg 6126; amended to be effective January 7, 1993, 17 TexReg 9124; amended to be effective June 5, 1997, 22 TexReg 4581; amended to be effective July 20, 2000, 25 TexReg 6768; amended to be effective October 29, 2020, 45 TexReg 7591 |