: 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	07/10/2020
ACTION	Final/Adopted

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 adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 29, 2020

TRD-202002601

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: September 1, 2020

Proposal publication date: April 24, 2020

For further information, please call: (512) 305-7706

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