Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) The date a license application is
received is the date the application reaches the Department of State Health
Services (department).
(2) An
application for an initial license is complete when the department has
received, reviewed, and found acceptable the information described in §
135.20
of this title (relating to Initial Application and Issuance of
License).
(3) An application for a
renewal license is complete when the department has received, reviewed, and
found acceptable the information described in §
135.22 of this
title (relating to Renewal of License).
(b) Time Periods. An application from a
facility for an initial license or a renewal license shall be processed in
accordance with the following time periods.
(1) The first time period begins on the date
the department receives the application and ends on the date the license is
issued, or if the application is received incomplete, the period ends on the
date the facility is issued a written notice that the application is
incomplete. The written notice shall describe the specific information that is
required before the application is considered complete. The first time period
is 45 calendar days.
(2) The second
time period begins on the date the last item necessary to complete the
application is received and ends on the date the license is issued. The second
time period is 45 calendar days.
(c) Reimbursement of fees.
(1) In the event the application is not
processed in the time periods stated in subsection (b) of this section, the
applicant has the right to request that the department reimburse in full the
fee paid in that particular application process. If the department does not
agree that the established periods have been violated or finds that good cause
existed for exceeding the established periods, the request shall be
denied.
(2) Good cause for
exceeding the period established is considered to exist if:
(A) the number of applications for licenses
to be processed exceeds by 15% or more the number processed in the same
calendar quarter the preceding year;
(B) another public or private entity utilized
in the application process caused the delay; or
(C) other conditions existed giving good
cause for exceeding the established periods.
(d) Appeal. If the request for reimbursement
as authorized by subsection (c) of this section is denied, the applicant may
then appeal to the commissioner for a resolution of the dispute. The applicant
shall give written notice to the commissioner requesting reimbursement of the
fee paid because the application was not processed within the established time
period. The department shall submit a written report of the facts related to
the processing of the application and good cause for exceeding the established
time periods. The commissioner shall make the final decision and provide
written notification of the decision to the applicant and the
department.
(e) Hearings. If a
hearing is proposed during the processing of the application, the hearing shall
be conducted pursuant to the Government Code, Chapter 2001, Administrative
Procedure Act (APA), the hearing procedures of the State Office of
Administrative Hearings (Texas Government Code, Chapter 2003 and 1 Texas
Administrative Code, Chapter 155, Rules of Procedures).
