If the filing officer finds grounds under §95.302 of this title (relating to Grounds for Refusal of UCC Document) to refuse acceptance of a UCC document, the filing officer shall return the document to the remitter and may refund the filing fee. The document shall be accompanied by a notice that contains a brief description of the reason for refusal to accept the document and that cites the provision of §95.302 that establishes the ground for refusal. The notice shall be delivered to the remitter, whether or not the document or another writing contains a request that an acknowledgment copy be sent to a secured party or another person. A refund may be delivered with the document and notice or under separate cover. The notice shall be sent no later than the second business day after of the determination to refuse acceptance of the document. For the purpose of this rule, "sent" means hand delivered to the remitter or deposited, correctly addressed and postpaid, in the regular U.S. mail if the document was originally submitted by mail or in person: in other cases, "sent" means transmitted to the remitter by the same means the document was submitted if such means is then-available to the filing office and, if the remitter used a private courier service, the remitter provides the filing office with a prepaid waybill for such courier or its account number with such courier. If the means used by the remitter for submission is not available to the filing office, the notice shall be sent by one of the means provided for mailed documents.

Source Note:The provisions of this §95.304 adopted to be effective November 1, 1998, 23 TexReg 9727.