SECTION 83.310. Fees

(a) New licenses.

(1) Investigation fees. A $200 nonrefundable investigation fee is assessed each time an application for a new license is filed.

(2) Assessment fees. An assessment fee not to exceed $600 per active license and not to exceed $250 per inactive license is assessed each time an application for a new license is filed. This assessment fee will be refunded if the application is not approved.

(b) License transfers. An applicant must pay a $200 nonrefundable investigation fee for each license transfer.

(c) Fingerprint processing. An applicant must pay a fee to a party designated by the Texas Department of Public Safety for processing fingerprints. The Texas Department of Public Safety and the designated party determine the amount of the fee and whether it is refundable.

(d) License amendments. A fee of $25 must be paid each time a licensee amends a license by:

(1) inactivating a license;

(2) activating an inactive license;

(3) changing the assumed name of the licensee;

(4) changing the organizational form or proportionate ownership that results in the exact same individuals or entities still owning the business and does not result in a transfer of ownership described by §83.303(b)(3) of this title (relating to Transfer of License; New Application on Transfer of Ownership;

(5) providing notification of a new parent entity; or

(6) relocating an office.

(e) License duplicates sent by mail. The fee for a license duplicate to be sent by mail is $10.

(f) Costs of hearings. The commissioner may assess the costs of an administrative appeal pursuant to Texas Finance Code, §14.207 for a hearing afforded under §83.307(d) of this title (relating to Processing of Application), including the cost of the administrative law judge, the court reporter, and agency staff representing the OCCC at a hearing.

(g) Annual renewal and assessment fees.

(1) An annual assessment fee is required for each license consisting of:

(A) a fee not to exceed $600; and

(B) a volume fee based upon the type of lending activity conducted and the volume of business that does not exceed an amount that is the greater of:

(i) $0.03 per each $1,000 transacted for license holders whose regulated operations consist of negotiating or brokering transactions on behalf of others in accordance with the most recent annual report filing (Schedule E, Brokered Loans) required by Texas Finance Code, §342.559;

(ii) $0.03 per each $1,000 advanced for license holders whose regulated operations occur within Texas Finance Code, Chapter 342, Subchapter F, in accordance with the most recent annual report filing (Schedule D, Lines 2 and 3) required by Texas Finance Code, §342.559; or

(iii) $0.05 per each $1,000 made or acquired under Texas Finance Code, Chapter 342, except amounts made or acquired by license holders covered by clauses (i) or (ii) of this subparagraph, or Texas Finance Code, Chapter 346, in accordance with the most recent annual report filing (Schedule D, Lines 1, 4, 6 and 8) required by Texas Finance Code, §342.559.

(2) The annual assessment fee for an inactive license will not exceed $250.

(3) The maximum annual assessment fee for each licensed entity will not average more than $1,200 per active licensed location.

Source Note: The provisions of this §83.310 adopted to be effective January 4, 2007, 31 TexReg 10765; amended to be effective March 14, 2010, 35 TexReg 1954; amended to be effective November 4, 2010, 35 TexReg 9698; amended to be effective July 10, 2014, 39 TexReg 5142; amended to be effective September 8, 2016, 41 TexReg 6676