SECTION 127.3. Application and Approval of an Individual's Placement on a Registry

(a) An official application form shall be submitted to the department by each applicant.

(b) The application shall be accompanied by the fee as set out in §127.4 of this title (relating to Fees).

(c) Application processing requirements shall be as follows.

(1) Time periods. The department shall comply with the following procedures in processing applications for placement on the registry.

(A) The following periods of time shall apply from the date of receipt of an application until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required:

(i) a letter of acceptance of application--20 working days; and

(ii) a letter of application deficiency--20 working days.

(B) The following periods of time shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. The time period for denial includes notification of the proposed decision and of the opportunity for an informal hearing. The time periods are as follows:

(i) a letter of approval--20 working days; and

(ii) a letter of denial of approval--90 days (this time limit reflects the time allowed for the informal hearing; however, in most cases, the time will be much shorter).

(2) Reimbursement of fees.

(A) In the event an application is not processed in the time periods stated in paragraph (1) of this subsection, the applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the program administrator. If the program administrator does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied.

(B) Good cause for exceeding the time period is considered to exist if the number of applications for placement on the registry exceeds by 15% or more the number of applications processed in the same calendar quarter the preceding year; another public or private entity relied upon by the department in the application process caused the delay; or any other condition exists giving the department good cause for exceeding the time period.

(3) Appeal. If a request for reimbursement under paragraph (2) of this subsection is denied by the program administrator, the applicant may appeal to the commissioner of health for a timely resolution of any dispute arising from a violation of the time periods. The applicant shall give written notice to the commissioner of health at the address of the department that he or she requests full reimbursement of all fees paid because his or her application was not processed within the applicable time period. The program administrator shall submit a written report of the facts related to the processing of the application and of any good cause for exceeding the applicable time period. The commissioner of health shall provide written notice of the decision to the applicant and the program administrator. An appeal shall be decided in favor of the applicant if the applicable time period was exceeded and good cause was not established. If the appeal is decided in favor of the applicant full reimbursement of all fees paid in that particular application process shall be made.

(d) An application shall be approved if the applicant meets the requirements in §127.2 of this title (relating to Approved Occupations) for the applicable occupation.

(e) An application shall be disapproved if the applicant has:

(1) not met the requirements in §127.2 of this title (relating to Approved Occupations); or

(2) failed or refused to properly complete or submit any application form, endorsement, or fee or deliberately presented false information on any form or document required by the department.

(f) If an application is disapproved, the applicant may request informal reconsideration of the determination by the chief, bureau of licensing and compliance. The request shall be made in writing to Chief, Bureau of Licensing and Compliance, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, within 10 days of the applicant's receipt of the notice of disapproval.

(g) Upon approval of an application, the applicant's name shall be placed on the registry for the appropriate occupation for a period of one year from the date of approval. The department shall issue evidence of placement on the registry to each approved provider.

(h) A provider must reapply annually in accordance with subsections (a) and (b) of this section in order to continue to remain on a registry. When the registry of a specific occupation is removed, providers will be notified at the time of annual reapplication that there is no longer a registry for that occupation.

Source Note: The provisions of this §127.3 adopted to be effective July 23, 1990, 15 TexReg 3855; amended to be effective September 26, 2002, 27 TexReg 8933