All references to the executive director in this section shall allow for the delegation of authority by the executive director to other staff members. An application for licensure shall be handled in the following manner and order:

1. (1) The application is received at the board office in Austin, Texas.
2. (2) The executive director shall review the application for completeness.

3. (3) The executive director shall:

   1. (A) reject the application if it appears on the face of the application documents that the applicant does not possess the minimum criteria for licensure;
   2. (B) accept the application as complete for processing and evaluating; or
   3. (C) accept the application and notify the applicant at the earliest possible time of deficient information and give the applicant 45 days to complete the application. Upon receipt of an applicant's written request, the executive director may grant the applicant an additional 30 days to submit any information identified by the executive director as necessary to complete the application. If the applicant does not submit all documents required in the time allowed for such submittals, the application shall be administratively withdrawn.
4. (4) The executive director shall review and evaluate the qualifications found in the application and determine whether the application should be approved, denied, or reviewed by the professional engineer members of the board, or that the applicant should appear before the licensing committee.

5. (5) The executive director may approve the application without further board action unless the application is accompanied by:

   1. (A) a request for waiver of examination(s) (except when the applicant has successfully passed the Principles and Practices Examination, is solely requesting a waiver of the Fundamentals of Engineering Examination, and has not been disciplined or otherwise sanctioned by this board or a board of another state having jurisdiction over the practice of engineering); or
   2. (B) an unfavorable recommendation by one or more reference providers.

6. (6) The application shall be circulated randomly among the professional engineer board members if any of the conditions listed in paragraph (5)(A) or (B) of this section apply or if the executive director requests that an application be reviewed by the board members.

   1. (A) The application is approved if the first reviewing board member agrees with an executive director recommendation of approval.
   2. (B) If the executive director determines that the application should be denied or reviewed by the professional engineer board members or requests that the applicant appear before the licensing committee, or if the first reviewing board member votes to deny the application or requests that the applicant appear before the licensing committee, circulation shall continue until the application receives at least three votes for either approval or denial of the application or personal appearance of the applicant. If, after circulation among all the professional engineer board members, an application does not receive three like votes, the application shall then be referred to the licensing committee for a determination whether the application should be approved or denied or that additional information or a personal appearance of the applicant before the committee is necessary.
   3. (C) If there are three like votes among the professional engineer board members in favor of the application or if, after circulation among the board members and referral to the licensing committee, the licensing committee determines that an application should be approved, the executive director shall approve the application without further action by the board.
   4. (D) If there are three like votes among the professional engineer board members to deny the application, the licensing committee determines that an application should be denied, or the licensing committee is unable to reach a decision, the application and any such determination shall be presented to the full board at its next regularly scheduled meeting.

7. (7) Upon approval of an application by the executive director, the licensing committee, or the board in a manner provided in this section, the executive director shall:

   1. (A) approve an application subject to the applicant's taking and passing the Principles and Practice of Engineering examination; or
   2. (B) issue a license to an applicant who has passed the Principles and Practice of Engineering examination or who has had that examination waived.

8. (8) The board shall deny an application if any of the following occur:

   1. (A) the application has been administratively withdrawn for a period of six months;
   2. (B) a majority of the professional engineer board members voted to deny an application on the basis that the applicant does not meet the requirements of §12(a)(1) or (2) of the Act; or
   3. (C) the applicant did not pass the Principles and Practice of Engineering examination in the prescribed time.
9. (9) The board shall confirm the issuance or denial of a license at its next regularly scheduled meeting.
10. (10) The executive director shall advise the applicant in writing of any decision of the executive director, the licensing committee, or the board, as applicable.

Source Note:The provisions of this §131.111 adopted to be effective September 1, 1997, 22 TexReg 8040; amended to be effective November 11, 2001, 26 TexReg 8839; amended to be effective October 13, 2002, 27 TexReg 9325.