| (a) An application for a new license, license amendment,
or license renewal filed with the department must be:
(1) on a form approved by the department;
(2) completed by the applicant, license holder, or
authorized representative who is an employee, a licensed attorney,
or a certified public accountant;
(3) accompanied by the required fee, paid by check,
credit card, or by electronic funds transfer, drawn from an account
held by the applicant or license holder, or drawn from a trust account
of the applicant's attorney or certified public accountant; and
(4) accompanied by proof of a surety bond, if required.
(b) An authorized representative of the applicant or
license holder who files an application with the department may be
required to provide written proof of authority to act on behalf of
the applicant or license holder.
(c) The department will not provide information regarding
the status of an application, application deficiencies, or new license
numbers to a person other than a person listed in subsection (a)(2)
of this section, unless that person files a written request under
Government Code, Chapter 552.
(d) Prior to the expiration of a license, a license
holder or authorized representative must file with the department
a sufficient license renewal application. Failure to receive notice
of license expiration from the department does not relieve the license
holder from the responsibility to timely file a sufficient license
renewal application. A license renewal application is timely filed
if:
(1) the department receives a sufficient license renewal
application on or before the date the license expires; or
(2) a legible postmark on the envelope transmitting
the sufficient license renewal application clearly indicates that
the license holder or authorized representative mailed the license
renewal application on or before the date the license expires.
(e) An application for a new license or license amendment
filed with the department must be sufficient. An application is sufficient
if the application:
(1) includes all information and documentation required
by the department; and
(2) is filed in accordance with subsection (a) of this
section.
(f) A license renewal application received by the department
is sufficient if:
(1) the renewal application form is completed by the
license holder or authorized representative of the license holder
who is an employee, an unpaid agent, a licensed attorney, or certified
public accountant;
(2) accompanied by the required license renewal application
fee payment; and
(3) accompanied by proof of a surety bond, if required.
(g) If an applicant, license holder, or authorized
representative does not provide the information or documentation required
by the department, the department will issue a written notice of deficiency.
The information or documentation requested in the written notice of
deficiency must be received by the department within 20 calendar days
of the date of the notice of deficiency, unless the department issues
a written extension of time. If an applicant, license holder, or authorized
representative fails to respond or fully comply with all deficiencies
listed in the written notice of deficiency within the time prescribed
by this subsection, the application will be deemed withdrawn and will
be administratively closed.
(h) The department will evaluate a sufficient application
for a new license, license amendment, or license renewal in accordance
with applicable rules and statutes to determine whether to approve
or deny the application. If the department determines that there are
grounds for denial of the application, the department may pursue denial
of the application in accordance with Subchapter J of this chapter
(relating to Administrative Sanctions).
(i) The department will process an application for
a new license, license amendment, or license renewal filed by a military
service member, military spouse, or military veteran in accordance
with Occupations Code, Chapter 55. A license holder who fails to timely
file a sufficient application for a license renewal because that license
holder was on active duty is exempt from any increased fee or penalty
imposed by the department for failing to renew the license in a timely
manner.
(j) A military spouse may engage in a business or occupation
for which a department issued license is required if the military
spouse meets the requirements of Occupations Code, §55.0041 and
this section.
(1) To meet the requirements of Occupations Code, §55.0041,
a military spouse must submit to the department:
(A) notice of the military spouse's intent to engage
in a business or occupation in Texas for which a department issued
license is required;
(B) proof of the military spouse's residency in Texas
and a copy of the military spouse's military identification card,
as required by Occupations Code, §55.0041(b)(2); and
(C) documentation demonstrating that the military spouse
is licensed and in good standing in another jurisdiction for the relevant
business or occupation.
(2) Upon receipt of the notice and documentation required
by paragraphs (1)(B) and (1)(C) of this subsection, the department
shall:
(A) confirm with the other licensing jurisdiction that
the military spouse is currently licensed and in good standing for
the relevant business or occupation; and
(B) conduct a comparison of the other jurisdiction's
license requirements, statutes, and rules with the department's licensing
requirements to determine if the requirements are substantially equivalent.
(3) If the department confirms that a military spouse
is currently licensed in good standing in another jurisdiction with
substantially equivalent licensing requirements, the department may
issue a license to the military spouse for the relevant business or
occupation. The license is subject to requirements in Chapter 215
of this title and Occupations Code, Chapter 2301 in the same manner
as a license issued under the standard application process, unless
exempted under Occupations Code, Chapter 55.
(k) A license holder who timely files a sufficient
license renewal application in accordance with subsection (d) of this
section may continue to operate under the expired license until the
license renewal application is determined.
(l) A license holder who fails to timely file a sufficient
license renewal application in accordance with subsection (d) of this
section is not authorized to continue licensed activities after the
date the license expires. A license holder may dispute a decision
that a license renewal application was not timely or sufficient by
submitting evidence to the department demonstrating that the license
renewal application was timely and sufficient. Such evidence must
be received by the department within 10 calendar days of the date
the department issues notice that a timely or sufficient license renewal
application was not received by the department.
(m) The department shall accept a late license renewal
application up to 90 days after the date the license expires. In accordance
with subsection (l) of this section, the license holder is not authorized
to continue licensed activities after the date the license expires
until the department approves the late license renewal application.
If the department grants a license renewal under this section, the
licensing period begins on the date the department issues the renewed
license. The license holder may resume licensed activities upon receipt
of the department's written verification or upon receipt of the renewed
license.
(n) If the department has not received a late license
renewal application within 90 days after the date the license expires,
the department will close the license. A person must apply for and
receive a new license before that person is authorized to resume activities
requiring a license.
(o) A metal dealer's license plate issued in accordance
with Transportation Code, Chapter 503, Subchapter C expires on the
date the associated license expires or when a license renewal application
is determined, whichever is later.
|
| Source Note: The provisions of this §215.83 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective October 7, 2012, 37 TexReg 7753; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective December 29, 2019, 44 TexReg 8037 |
