SECTION 60.302. Notice of Proposed Denial

(a) The department shall send a written notice of proposed denial if the department proposes:

(1) to deny an initial license application; or

(2) to deny a person an opportunity to take an examination.

(b) The department shall send the notice of proposed denial under subsection (a) by certified mail with electronic return receipt.

(c) Any notice or document served upon a person is prima facie evidence of receipt if it is directed to the person's last known complete, correct address as shown by the department's records. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of non-delivery.

(d) After receiving a notice of proposed denial, the person must request a hearing in writing within twenty days of receipt of the notice or forfeit the right to a hearing, unless otherwise provided by applicable law. There is a rebuttable presumption that notice is received three days after the notice was mailed.

(e) If a timely written request is made, the department shall refer the proposed denial to SOAH for a hearing. If a timely written request is not made, the proposed denial is final.

Source Note: The provisions of this §60.302 adopted to be effective June 1, 2023, 48 TexReg 2694