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 §133.83 of this chapter apply or if the executive director requests that an application be reviewed by the board members and shall be processed as follows:
- (1) The application is approved if the first reviewing board member agrees with an executive director recommendation of approval.
- (2) If the executive director or the first reviewing board member determines that the application or a request for waiver of examinations should be denied or requests that the applicant appear before the licensing committee, then circulation shall continue until the application receives at least three votes for either approval or denial of the waiver request(s) or application or personal interview 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) 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) 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.
Source Note:The provisions of this §133.85 adopted to be effective May 20, 2004, 29 TexReg 4873.