Section 601.12 - Application and Renewal Processing Times(a) Application processing. (1) The following periods of time shall apply from the date of receipt of an application for a license or renewal of a license until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required. The time periods are as follows: (A) issuance of license or renewal for a license--30 calendar days; or(B) letter of application or renewal deficiency--30 calendar days.(2) The following periods of time shall apply from the date of receipt of the last item necessary to complete the application for a license or renewal of a license until the date of issuance of written notice approving or denying the application for a license or renewal of a license. The time periods for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with the law, and of the opportunity for a formal hearing. The time periods are as follows: (A) issuance of a license or renewal of a license--30 calendar days; or(B) letter of denial of a license or renewal of a license--30 calendar days.(b) Reimbursement of fees.(1) In the event an application for a license or renewal is not processed within the time periods stated in subsection (a) of this section, the applicant or licensee has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the executive secretary. If the executive secretary does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied.(2) Good cause for exceeding the time period is considered to exist if the number of applications for license and license renewal exceeds by 15% or more the number of applications or renewals processed in the same calendar quarter of the preceding year, another public or private entity relied upon by the board in the application or renewal process caused the delay, or any other condition exists giving the board good cause for exceeding the time period.(c) Appeal. If a request for reimbursement under subsection (b) of this section is denied by the executive secretary, the applicant or licensee may appeal to the board for a timely resolution of any dispute arising from a violation of the time periods. The applicant or licensee shall give written notice to the board at the address of the board that he or she requests full reimbursement of all fees paid because his or her application or renewal was not processed within the applicable time period. The executive secretary shall submit a written report of the facts related to the processing of the application or renewal and of any good cause for exceeding the applicable time period. The board shall provide written notice of the decision to the applicant or licensee and the executive secretary. An appeal shall be decided in favor of the applicant or licensee if the applicable time period was exceeded and good cause was not established. If the appeal is decided in favor of the applicant or licensee, full reimbursement of all fees paid in that particular application or renewal process shall be made.(d) Contested cases. The time periods for contested cases related to the denial of licensure or license renewals are not included with the time periods stated in subsection (a) of this section. The time period for conducting a contested case hearing runs from the date the board receives a written request for a hearing and ends when the decision of the board is final and appealable. A hearing may be completed within one to six months, but may extend for a longer period of time depending on the particular circumstances of the hearing.22 Tex. Admin. Code § 601.12
The provisions of this §601.12 adopted to be effective December 15, 1992, 17 TexReg 8440; amended to be effective August 5, 2001, 26 TexReg 5808; amended to be effective January 2, 2008, 32 TexReg 10003; amended to be effective August 30, 2012, 37 TexReg 6594