SECTION 96.41. Procedure upon Refusal

(a) If the filing officer finds grounds under §96.40 of this title to refuse acceptance of a transition property notice, the filing officer shall return the document, if written, to the Remitter and may return or refund the filing fee. A refund may be delivered with the returned document or under separate cover.

(b) The document shall be accompanied by a notice that contains the date and time the document would have been filed had it been accepted for filing (unless such date and time are stamped on the document); and a brief description of the reason for refusal to accept the document for purposes of filing and that cites the provision of §96.40 of this title that establishes the ground for refusal. The notice shall be sent to the Remitter, whether or not the document or another writing contains a request that an acknowledgment copy be sent to a financing party or another person. The notice shall be sent no later than the second business day after the filing office receives the document.

Source Note: The provisions of this §96.41 adopted to be effective September 4, 2001, 26 TexReg 6658; amended to be effective January 9, 2014, 39 TexReg 75