SECTION 87.106. Applications and Notices as Public Records

Once a registration application or notice is filed with the Office of Consumer Credit Commissioner (OCCC), it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §§441.190, 441.191 and 552.004, the original applications and notices must be preserved as "state records" and "public information" unless destroyed with the approval of the director and librarian of the State Archives and Library Commission under Government Code, §441.187. Under Government Code, §441.191, the OCCC may not return any original documents associated with a tax refund anticipation loan facilitator application or notice to the applicant or registered facilitator. An individual may request copies of a state record under the authority of the Texas Public Information Act, Government Code, Chapter 552.

Source Note: The provisions of this §87.106 adopted to be effective November 8, 2007, 32 TexReg 7916