SECTION 27.1. Notices to Applicants; Application Processing Times; Appeals

(a) An application for a prepaid funeral sellers permit or perpetual care cemetery certificate of authority granted by the commissioner must be filed on a form or in a manner approved by the banking commissioner. The department shall issue a written notice informing each applicant either that the application is complete and accepted for filing, or that the application is deficient and that specific additional information is required. The department shall issue the notice to the applicant within 10 business days of the receipt of the application.

(b) The commissioner shall determine whether to deny or approve an application within the following periods and in the following manner after a complete application has been accepted for filing:

(1) prepaid funeral seller's permits: 45 days; and

(2) perpetual care cemetery certificates of authority: 45 days.

(c) An applicant may appeal directly to the commissioner for a timely resolution of a dispute arising from a violation of the periods set forth in this section. An applicant shall perfect an appeal by filing a written request therefor prior to the expiration of 30 days after the date a decision is made on the application, addressed to the commissioner, requesting review by him of the application to determine whether the commissioner or the department exceeded the established period for the granting or denying of the application. The commissioner shall base his decision on the written appeal by the applicant and any response by the department and, if he deems necessary, the commissioner may require a hearing.

(d) The commissioner shall decide the appeal in the applicant's favor if he determines that he or the department exceeded the time period set out herein and failed to establish good cause for exceeding the period. The commissioner shall issue a written decision to the applicant within 60 days of the filing of an appeal. If an appeal is decided in an applicant's favor, the applicant will be reimbursed all of its application fees.

Source Note: The provisions of this §27.1 adopted to be effective May 3, 1988, 13 TexReg 1911; amended to be effective September 6, 2001, 26 TexReg 6670; amended to be effective November 10, 2011, 36 TexReg 7507