16 Tex. Admin. Code § 402.405

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

Section 402.405 - Temporary Authorization

(a) A temporary authorization shall be issued only to a person who is not licensed by the Commission but who has filed a complete application for an original license to conduct a charitable bingo activity.

(b) Upon the applicant's request, the Commission will issue a temporary authorization for the activity requested on the license application by the 31st calendar day after the Commission's receipt of an application that is complete in accordance with § RSA 402.400(a) of this chapter if the following are in compliance with the Act and the Rules.

(1) For all licenses: eligibility of all persons listed on the application requiring criminal background investigations.

(2) For a commercial lessor license: eligibility of applicant as provided by Texas Occupations Code, § RSA 2001.152.

(3) If an applicant asserts in writing that its application is complete, the Commission will grant or deny the application, or make a determination on temporary authorization.

(c) A temporary authorization to conduct a bingo-related activity may only be issued to a person who will conduct a bingo-related activity at the same location for which the person has a pending original application to conduct a bingo-related activity.

(d) A temporary authorization shall be issued for a stated period of time not to exceed 60 days. A temporary authorization may be extended upon written request by the person to whom the temporary authorization was issued. Such request must be filed with the Commission at least seven working days prior to the time the temporary authorization expires. Extensions shall be for a period of time not to exceed 60 days. No more than two extensions may be issued.

(e) A request for an extension shall include:

(1) the complete name of the organization requesting the extension;

(2) the Texas taxpayer identification number of the organization requesting the extension;

(3) a complete explanation of the basis for the request; and

(4) the specific reason(s) supporting the need for an extension.

(f) An organization that is not in compliance with the Bingo Enabling Act and the Charitable Bingo Administrative Rules will not be granted an extension unless the organization becomes compliant during the period of the original temporary authorization.

(g) An organization conducting bingo under a temporary authorization that desires to obtain a temporary license shall be subject to the same requirements in § RSA 402.401(e) of this chapter regarding an organization not holding a regular license to conduct bingo.

(h) A temporary authorization is not a license.

(i) A temporary authorization may not be amended.

(j) A regular license that has been issued to an applicant shall expire two years from the date of the first issuance of any temporary authorization under this section.

(k) For the purposes of Texas Occupations Code, § RSA 2001.304(a), an application for an activity is considered issued or denied on the date the Commission issues a license or notice of denial to the applicant.

16 Tex. Admin. Code § 402.405

The provisions of this §402.405 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective March 9, 2010, 35 TexReg 2003; Amended by Texas Register, Volume 42, Number 51, December 22, 2017, TexReg 7393, eff. 12/31/2017; Amended by Texas Register, Volume 48, Number 52, December 29, 2023, TexReg 8370, eff. 1/4/2024