Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter F - LICENSE AND REGISTRATION FEES
Section 296.94 - Reimbursement of Fees
Universal Citation: 25 TX Admin Code ยง 296.94
Current through Reg. 49, No. 38; September 20, 2024
(a) Application fees paid to DSHS are not transferable and may be reimbursed only if:
(1) fee amounts are paid in excess of the
required fee, including as a result of an error in the online payment system,
and DSHS deducts an administrative fee, as specified in § 296.91(c)(17) of
this chapter (relating to Fees) and subscription and convenience fees, as
specified in § 296.91(b) of this chapter from an excess payment before
issuing a refund; or
(2) an
application is not processed within the time periods described in §
296.42(b) of this chapter (relating to Initial and Renewal Applications).
(A) In that event, the applicant has the
right to request reimbursement of the application fee in writing.
(B) A request for reimbursement may be denied
if DSHS does not determine that the applicable time period has been exceeded or
finds that there was good cause for exceeding the time period.
(C) Good cause for exceeding the time period
exists if:
(i) the number of license
applications to be processed exceeds the number of applications processed in
the same calendar quarter of the preceding year by 15% or more;
(ii) DSHS relies on another public or private
entity to process all or part of the application process and that entity causes
the delay; or
(iii) any other
condition exists that gives DSHS good cause for exceeding the time
period.
(b) If DSHS denies a request for reimbursement under subsection (a)(2) of this section, the applicant may appeal in writing to the commissioner. If the commissioner determines that DSHS exceeded the applicable processing time period without good cause, the applicant is entitled to reimbursement of all application fees paid after being notified in writing of the decision.
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