16 Tex. Admin. Code § 60.31

Current through Register Vol. 49, No. 48, November 29, 2024

Section 60.31 - License Renewal Applications

(a) License Renewal Notices.

(1) The department will send a license renewal notice to the license holder at least 30 days before the license expiration date.

(2) Non-receipt of a license renewal notice does not exempt a person from any requirements of this chapter or the statute or rules governing the specific program. It is the responsibility of the license holder to timely renew the license.

(b) A license holder renewing a license must submit all required information, documentation, and fees in a form and manner prescribed by the department. The department may request additional information as part of the renewal process, if necessary.

(c) To renew and maintain continuous licensure, the license holder must complete the following requirements before the expiration date of the license:

(1) complete all the renewal requirements for the particular license, including any continuing education requirements, if applicable, as prescribed under this chapter and the statutes and rules governing a specific program; and

(2) pay the required renewal fee as prescribed in the rules for the specific program.

(d) If a license holder completes all the renewal requirements for the particular license and pays the required renewal fee as prescribed under subsection (c), the license will not expire, and there will not be a gap in licensure.

(e) If a license holder does not complete all the renewal requirements for the particular license and pay the required renewal fee as prescribed under subsection (c), the license will expire. A person with an expired license may not perform any act that requires a license under this chapter or the statute or rules governing the specific program.

(f) Criminal History Background Checks - Renewal Applications.

(1) Individual license. A license holder is subject to a criminal history background check pursuant to Occupations Code, Chapters 51 and 53; Government Code, Chapter 411, Subchapter F; the statutes and rules of the applicable program; and the department's criminal conviction guidelines.

(2) Business license. An individual associated with the business is subject to a criminal history background check if required under the specific program statute.

(3) Failure to pass a criminal history background check under (f)(1) or (f)(2) may result in denial and/or revocation of the license.

(g) Late Renewals.

(1) A person whose license has expired may late renew the license within the time periods set out in Texas Occupations Code § 51.401.

(2) A person who late renews a license must:

(A) complete all the renewal requirements for the particular license, including any required continuing education, if applicable, as prescribed under this chapter and the statutes and rules governing a specific program; and

(B) pay the required late renewal fee as prescribed under §60.83, if the standard renewal fee for the particular license was not paid before the license expired.

(3) A late renewal means the person will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any act that requires a license under this chapter or the statutes and rules governing the specific program.

(4) A person may not apply for a new license of the same type if the expired license is still within the late renewal time periods set out in Texas Occupations Code § 51.401. A person is not eligible for a new license if the existing license is still eligible to be late renewed.

(h) Expired License Beyond Late Renewal Deadlines. Except as provided by subsection (i), if a person does not meet the late renewal deadlines established in Texas Occupations Code § 51.401, the person must apply for a new license by complying with the requirements and procedures for obtaining an original license, including any examination requirements and the payment of fees. For a license that requires an examination, the person must retake any licensing examinations required to apply for a new license. Any previous licensing examination results will not be accepted.

(i) Previously Licensed in Texas and Currently Licensed in Another State. Pursuant to Texas Occupations Code § 51.401(e), a person who was previously licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new Texas license without reexamination. The person must pay to the department a fee that is equal to two times the required renewal fee for the license as prescribed in the rules for the specific program.

(j) Denial of License Renewal Application. If the department proposes to deny a license renewal application, the denial is considered to be a contested case, and the rules under Subchapter I shall apply.

16 Tex. Admin. Code § 60.31

The provisions of this §60.31 adopted to be effective July 1, 2009, 34 TexReg 4326; Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9507, eff. 12/1/2024