SECTION 2.1. Application for a License

(a) An application is not an agency request for information for any purpose under the Texas Government Code, the Texas Agriculture Code, or these rules.

(b) If information requested on an agency application form or other materials is not expressly identified as optional or in the alternative, the information is required.

(c) An applicant for an initial license or renewal of a license shall submit to the department in a timely fashion all application forms, bonds, tests, data, fees, and other material required by law to precede the issuance of such initial license or renewal license.

(d) Any application for a license that does not include all such required forms and materials, or which includes forms or other materials that contain deficient information or on which required information is missing, is an incomplete application.

(e) An incomplete application shall become void on the one-year anniversary of the submission of the incomplete application. A void application will not be processed and any application fee associated with the void application shall not be refunded. This action is not a denial of a license for any purpose under the Texas Government Code, the Texas Agriculture Code, or these rules.

(f) The department shall within 15 days after receipt of the first application form:

(1) issue a license, if the application is complete and correct and the applicant is eligible and meets all the requirements for the license;

(2) if the application is complete and a determination regarding the issuance of a license will be delayed beyond 15 days, send the applicant a written notice stating that the application is complete and accepted, that a determination regarding issuance of the license will be delayed, and stating the time period within which a determination will be made; or

(3) if the application is incomplete, send the applicant a written notice stating that the application is incomplete and specifying the information that is missing or deficient; or

(4) if the applicant is ineligible or otherwise does not meet the requirements for licensing, send the applicant a written notice stating that the applicant is ineligible or does not meet the requirements for licensing and specifying the reasons why the applicant is ineligible or does not meet the requirements for licensing.

(g) An applicant may contest the department's failure to comply with the time periods established in subsection (f) of this section by filing a notice of protest:

(1) within 15 days after the date of a notice sent under subsection (f)(2) of this section; or

(2) within 30 days after the date the application was submitted, if the applicant fails to receive a notice under subsection (f) of this section or a license.

(h) If notice of protest is timely filed and the commissioner determines that the specified time periods for processing under subsection (f) of this section have been exceeded and that good cause does not exist for exceeding those time periods, the license or permit filing fee shall be reimbursed in full to the applicant. The term "good cause" as used in this subsection has the meaning specified in §2005.004 of the Texas Government Code.

(i) If timely and sufficient application for the renewal of a license is not made, the department may terminate the effectiveness of such license at the end of its stated term without notice or opportunity for a hearing.

Source Note: The provisions of this §2.1 adopted to be effective May 30, 2010, 35 TexReg 4146