| (a) Application fees paid to DSHS are not transferable
and may be reimbursed only if:
(1) fee amounts are paid in excess of the required
fee, including as a result of an error in the online payment system,
and DSHS deducts an administrative fee, as specified in §296.91(c)(17)
of this chapter (relating to Fees) and subscription and convenience
fees, as specified in §296.91(b) of this chapter from an excess
payment before issuing a refund; or
(2) an application is not processed within the time
periods described in §296.42(b) of this chapter (relating to
Initial and Renewal Applications).
(A) In that event, the applicant has the right to request
reimbursement of the application fee in writing.
(B) A request for reimbursement may be denied if DSHS
does not determine that the applicable time period has been exceeded
or finds that there was good cause for exceeding the time period.
(C) Good cause for exceeding the time period exists
if:
(i) the number of license applications to be processed
exceeds the number of applications processed in the same calendar
quarter of the preceding year by 15% or more;
(ii) DSHS relies on another public or private entity
to process all or part of the application process and that entity
causes the delay; or
(iii) any other condition exists that gives DSHS good
cause for exceeding the time period.
(b) If DSHS denies a request for reimbursement under
subsection (a)(2) of this section, the applicant may appeal in writing
to the commissioner. If the commissioner determines that DSHS exceeded
the applicable processing time period without good cause, the applicant
is entitled to reimbursement of all application fees paid after being
notified in writing of the decision.
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