- (a) If the filing officer finds grounds under §96.40 of this chapter (relating to Grounds for Refusal of a Transition Property Notice) to refuse a transition property notice, the filing officer shall return the document to the submitter and may refund the filing fee. A refund may be delivered with the returned document or under separate cover.
- (b) The document shall be accompanied by a notice that contains a brief description of the reason for refusal to accept the document for purposes of filing and that cites the provision of §96.40 of this title that establishes the ground for refusal. The notice shall be delivered to the submitter, whether or not the document or another writing contains a request that an acknowledgment copy be sent to a financing party or another person. The notice shall be sent no later than the second business day after the determination to refuse acceptance of the document.
- (c) For the purpose of subsection (b), "sent" means hand delivered to the submitter 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 submitter by the same means the document was submitted if such means is then-available to the filing office and, if the submitter used a private courier service, the submitter provides the filing office with a prepaid waybill for such courier or its account number with such courier. If the means used by the submitter 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 §96.41 adopted to be effective January 20, 2000, 25 TexReg 266.