Current through Reg. 49, No. 38; September 20, 2024
(a) Except as
otherwise provided, an applicant for licensure:
(1) whose documentation indicates any name
other than the name under which the applicant has applied must furnish proof of
the name change;
(2) whose
applications have been filed with the board in excess of one year will be
considered expired. Any fee previously submitted with that application shall be
forfeited unless otherwise provided by Chapter 175 of this title (relating to
Fees and Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An extension
to an application may be granted under certain circumstances, including:
(A) delay by board staff in processing an
application due to an administrative error;
(B) application requires licensure committee
review after completion of all other processing and will expire prior to the
next scheduled meeting;
(C)
licensure committee requires an applicant to meet specific additional
requirements for licensure and the application will expire prior to deadline
established by the licensure committee;
(D) applicant is delayed due to unanticipated
military assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the
application may be required to appear before the board. It will be at the
discretion of the board whether or not the applicant will be issued a
license;
(4) on whom adverse
information is received by the board may be required to appear before the
board. It will be at the discretion of the board whether or not the applicant
will be issued a license;
(5) shall
be required to comply with the board's rules and regulations which are in
effect at the time the completed application form and fee are received by the
board;
(6) must have the
application for licensure complete in every detail at least 20 days prior to
the board meeting at which the applicant is considered for licensure. An
applicant may qualify for a training license prior to being considered by the
board for licensure, as required by §
160.10 of this
title (relating to Training Licensure); and
(7) must complete an oath swearing that the
applicant has submitted an accurate and complete application.
(b) The executive director or a
designee of the executive director shall review each application for licensure
and shall recommend to the board all applicants eligible for licensure. The
executive director, a designee of the executive director, or board staff, may
consult with a member(s) of the advisory committee as part of such application
review. The executive director also shall report to the board the names of all
applicants determined to be ineligible for licensure, together with the reasons
for each recommendation. An applicant deemed ineligible for licensure by the
executive director may request review of such recommendation by the board's
licensure committee within 20 days of receipt of such notice, and the executive
director may refer any application to the licensure committee for a
recommendation concerning eligibility.
(1) If
the licensure committee finds the applicant ineligible for licensure, such
recommendation, together with the reasons, shall be submitted to the board
unless the applicant requests a hearing not later than the 20th day after the
date the applicant receives notice of the determination.
(2) The hearing shall be before an
administrative law judge of the State Office of Administrative Hearings and
shall comply with the Administrative Procedure Act and its subsequent
amendments and the rules of the State Office of Administrative Hearings and the
board. The board shall, after receiving the administrative law judge's proposed
findings of fact and conclusions of law, determine the eligibility of the
applicant for licensure.
(3) A
medical physicist whose application for licensure is denied by the board shall
receive a written statement containing the reasons for the board's action. All
reports received or gathered by the board on each applicant are confidential
and are not subject to disclosure under the Public Information Act, Texas
Government Code, Chapter 552. The board may disclose such reports to
appropriate licensing authorities in other states.
