: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 41	TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 882	APPLICATIONS AND LICENSING
SUBCHAPTER A	LICENSE APPLICATIONS
RULE §882.3	Review and Appeal of License Denials
ISSUE	04/24/2020
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)If an application for licensure is denied at the staff or committee level, the applicant will have 30 days from the date of denial as shown on the letter to submit a written request to the Council for review by the member board. The written request must be received on or before the 30th day following the date of denial for the request to be timely. If a timely written request for review is not made, the denial is final.

(b)If an application for licensure is denied by a member board, the applicant will have 30 days from the date of denial as shown on the letter to submit a written request to the Council for a hearing at SOAH. The Council must receive the written request on or before the 30th day following the date of denial for the request to be timely. If a timely request is made, the Council shall refer the contested case to SOAH for a hearing. If a timely written request is not made, the denial is final.

(c)The Council shall render a final decision on an application for licensure based upon the record following an appeal at SOAH. The final decision shall be in writing and shall be signed by the presiding officer for the Council or the Executive Director.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 9, 2020

TRD-202001405

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Earliest possible date of adoption: May 24, 2020

For further information, please call: (512) 305-7700

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