Current through Reg. 49, No. 45; November 8, 2024
(a) New licenses. A $500 nonrefundable investigation fee is assessed each time an application for a new license is filed. The applicant is also required to pay the initial assessment fee required by subsection (e)(5) of this section. This assessment fee will be refunded if the application is not approved.(b) Subsequent licenses. A $250 nonrefundable investigation fee is assessed each time an application for an additional license of an existing licensee is filed or if the application involves substantially identical principals and owners of a licensed pawnshop. The applicant is also required to pay the initial assessment fee required by subsection (e)(5) of this section. This assessment fee will be refunded if the application is not approved.(c) License transfers. An investigation fee of $500 for the first license transfer and $250 for each additional license transfer sought simultaneously is required. If the application involves substantially identical principals and owners of a licensed pawnshop, then the fee is $250 for the first license transfer. License transfer fees are nonrefundable. (d) 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.(e) Annual renewal and assessment fees. (1) An annual assessment fee is required for each licensed pawnshop of: (A) A fee not to exceed $625; and(B) A volume fee not to exceed $0.05 per each $1,000 loaned as calculated from the most recent annual report as described in § RSA 85.502 of this title (relating to Annual Report).(2) The maximum annual assessment for each active license will be no more than $1,200.(3) The annual assessment for each inactive license will not exceed $250.(4) A pawnshop license will expire on the later of June 30 or the 16th day after the written notice of delinquency is given unless the annual assessment fees have been paid.(5) Upon approval of a new pawnshop license pursuant to § RSA 85.206 of this title (relating to Processing of Application), the first year's fixed fee will be $625.(f) License amendments. A fee of $25 must be paid each time a licensee amends a license by inactivating a license, activating an inactive license in a county with a population of less than 250,000, changing the assumed name of the licensee, changing the organizational form or proportionate ownership that results in the exact same individuals or entities still owning the business and does not require a transfer under § RSA 85.205(b)(3)(D) or (E) of this title (relating to Transfer of License; New License Application on Transfer of Ownership) or § RSA 85.208(c)(2) of this title (relating to Change in Form or Proportionate Ownership), providing notification of a new parent entity, or relocating an office in a county with a population of less than 250,000. An activation or relocation in a county with a population of 250,000 or more will require a $250 investigation fee and other fees as may be required of a new license applicant.(g) License duplicates sent by mail. The fee for a license duplicate to be sent by mail is $10.(h) Notice of application. Each applicant for a new or relocated license will pay $1.00 to the commissioner for each notice of application that is required to be mailed.(i) Costs of hearings. The commissioner or administrative law judge may assess the costs of an administrative appeal pursuant to Texas Finance Code, § RSA 14.207 for a hearing afforded under § RSA 85.206(g) 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. If it is determined that a protest is frivolous or without basis, then the cost associated with the hearing may be assessed solely to the protesting party.(j) Excess payment of fees. Any excess payment of fees received by the commissioner may be held to offset anticipated fees that may be owed by the licensee or applicant.7 Tex. Admin. Code § 85.211
The provisions of this §85.211 adopted to be effective September 5, 1999, 24 TexReg 6714; amended to be effective March 14, 2002, 27 TexReg 1727; amended to be effective September 19, 2005, 30 TexReg 5335; amended to be effective April 12, 2010, 35 TexReg 1973; amended to be effective July 1, 2014, 39 TexReg 3397; Amended by Texas Register, Volume 41, Number 45, November 4, 2016, TexReg 8818, eff. 1/1/2017; Amended by Texas Register, Volume 43, Number 52, December 28, 2018, TexReg 8587, eff. 2/1/2019