(a) After an application is determined by the executive
director to be administratively complete, the executive director shall
commence a technical review as necessary and appropriate. For purposes
of these sections, the technical review period is that period of time
beginning with the completion of the initial review period and will
continue for a period of time not to exceed 75 working days. In the
case of applications filed under §335.43 of this title (relating
to Permit Required) or §331.7 of this title (relating to Permit
Required), the technical review period shall commence upon assignment
of the application to a staff member and continue for a period of
time not to exceed 120 days. For applications filed under Chapter
336 of this title (relating to Radioactive Substance Rules) and subject
to the Notice of Deficiency (NOD) process established in this section,
the technical review period shall begin the day after the date of
determination of administrative completeness and for issuance, renewal,
or major amendments, shall continue for a period of time not to exceed
255 days; however, this time frame may be extended to a maximum of
600 days if an application is technically deficient; or, for applications
for minor amendments, shall continue for a period of time not to exceed
90 days; however, this time frame may be extended to a maximum of
150 days if an application is technically deficient. In the case of
applications filed under Chapter 295 of this title (relating to Water
Rights, Procedural) that request a new appropriation of water pursuant
to Texas Water Code, §11.157 for storage in an aquifer storage
and recovery project or for aquifer recharge, the technical review
shall commence on the date the application is administratively complete
and will continue for a period of time not to exceed 180 days.
(b) Except as provided in subsection (c) of this section,
the applicant shall be promptly notified of any additional technical
material as may be necessary for a complete review. If the applicant
provides the information within the period of time prescribed by subsection
(a) of this section, the executive director will complete processing
of the application within the technical review period extended by
the number of days required for the additional data. If the necessary
additional information is not received by the executive director prior
to expiration of the technical review period and the information is
considered essential by the executive director to make recommendations
to the commission on a particular matter, the executive director may
return the application to the applicant. In no event, however, will
the applicant have less than 30 days to provide the technical data
before an application is returned. Decisions to return material to
the applicant during the technical review stage will be made on a
case by case basis. The applicant has the option of having the question
of sufficiency of necessary technical data referred to the commission
for a decision instead of having the application returned.
(c) For applications for radioactive material licenses,
the applicant shall be promptly notified of any additional technical
information necessary to complete technical review. For new applications,
renewal applications, or major amendment applications, the executive
director shall complete application processing within the technical
review period (600 days) if the applicant provides the information
within 75 days of the date of the first NOD and 60 days of the subsequent
NODs. For minor amendments, the applicant must provide the information
within 20 days from the date of the first NOD and 20 days from the
date of the second NOD. If the necessary additional information is
not received by the executive director prior to the end of the response
period, the executive director may return the application to the applicant.
In no instance shall the executive director issue more than four NODs
before returning the application. The applicant has the option of
having the question of sufficiency of necessary technical information
referred to the commission for a decision instead of having the application
returned. The applicant may request additional time to respond to
a notice of technical deficiency. The request must be in writing,
set forth the reasons why the applicant cannot respond within the
time provided and specify the amount of additional time requested.
Any extension of time must be approved by the executive director in
writing. The executive director may extend or delay the schedule for
the processing of an application under this subsection to comply with
the priority established by law for processing and review of radioactive
material licenses.
(d) This subsection applies to the technical review
of applications for radioactive material licenses submitted to the
Texas Department of State Health Services on or before June 18, 2007.
For new applications, renewal applications, or major amendment applications,
the executive director shall complete application processing within
the technical review period (600 days) if the applicant provides the
information within 75 days of the date of the first NOD and 60 days
of the second NOD. For minor amendments, the applicant must provide
the information within 20 days from the date of the first NOD and
20 days from the date of the second NOD. If the necessary additional
information is not received by the executive director prior to the
end of the response period, the executive director may return the
application to the applicant. In no instance shall the executive director
issue more than two NODs before returning the application. The applicant
has the option of having the question of sufficiency of necessary
technical information referred to the commission for a decision instead
of having the application returned. The applicant may request additional
time to respond to a notice of technical deficiency. The request must
be in writing, set forth the reasons why the applicant cannot respond
within the time provided and specify the amount of additional time
requested. Any extension of time must be approved by the executive
director in writing. The executive director may extend or delay the
schedule for the processing of an application under this subsection
to comply with the priority established by law for processing and
review of radioactive material licenses.
|
Source Note: The provisions of this §281.19 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective June 5, 1997, 22 TexReg 4581; amended to be effective February 28, 2008, 33 TexReg 1566; amended to be effective May 28, 2020, 45 TexReg 3445 |