All references to the executive director in this section shall allow for the delegation of authority by the executive director to other staff members. The following list of activities as shown in this section shall be conducted in order:

1. (1) application is received at the board office in Austin, Texas;
2. (2) the executive director shall review it for completeness;
3. (3) the executive director shall accept the application as complete for processing and evaluating, or shall accept the application and notify the applicant at the earliest possible time of deficient information and give the applicant forty-five (45) days to complete it. 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not submit all documents required in the time allowed for such submittals, the application shall be administratively withdrawn;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 issue a recommendation of approval, non-approval or personal interview;

5. (5) the executive director may approve the application without further board action unless the applicant:

   1. (A) is requesting a waiver of examinations; or
   2. (B) is recommended for a license with reservation by one or more references;

6. (6) The application shall be circulated among the professional engineer board members if any of the conditions listed in paragraph (5)(A) or (B) of this section are not met or if the executive director requests an application be reviewed by board members.

   1. (A) The application is approved if the first reviewing board member agrees with an executive director recommendation of approval.
   2. (B) Circulation shall continue until a majority vote is cast if an application receives a recommendation of non-approval or personal appearance by the executive director or the first board member.

7. (7) The board shall either approve or non-approve the application.

   1. (A) The board shall approve an applicant to:

      1. (i) take the Principles and Practice of Engineering examination; or
      2. (ii) issue a license to an applicant who has passed the Principles and Practice of Engineering examination or who has had that examination waived.

   2. (B) The board shall non-approve an application if any of the following occur:

      1. (i) the application has been administratively withdrawn for a period of six months;
      2. (ii) a majority of the professional engineer board members voted to non-approve an application on the basis that the applicant does not meet the requirements of the Texas Engineering Practice Act, §12(a)(1) or (2); or
      3. (iii) the applicant did not pass the Principles and Practice of Engineering examination in the prescribed time.
8. (8) The applicant shall be advised in writing of the board's action.
9. (9) When the process is complete and a decision has been reached, the board shall complete the consideration of the application through the issuance or denial of a license and confirm such action in the regular order of business at the next quarterly board meeting.

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.