1. (a) Purpose. The purpose of this section is to set out the application procedures for certification of curricula from sponsoring organizations.

2. (b) Sponsoring organization certificate.

   1. (1) Unless otherwise indicated, an applicant must complete all required information and documentation of credentials on current official department forms and submit the required information and documentation electronically or in hard copy as specified by the department.
   2. (2) A sponsoring organization may submit an application to request approval to use a certified curriculum from another sponsoring organization who has agreed to share the certified curriculum. In this situation, the application must include a description of changes, if any, to the certified curriculum.
   3. (3) The department shall send a notice listing the additional materials required to an applicant whose application is incomplete. An application not completed within 30 days after the date of notice shall be invalid unless the applicant has advised the department of a valid reason for the delay.

3. (c) Application approval.

   1. (1) The committee shall review applications from sponsoring organizations and recommend to the department certification for curricula that meets program requirements.
   2. (2) The department shall approve any application which is in compliance with this chapter and which properly documents applicant eligibility, unless the application is disapproved under the provisions of subsection (d) of this section.

4. (d) Disapproved applications.

   1. (1) The department may disapprove the application if the applicant:

      1. (A) has not met the eligibility and application requirements set out in this chapter; or
      2. (B) has failed or refused to properly complete or submit any application form(s) or has knowingly presented false or misleading information on the application form, or any other form or documentation required by the department to verify the applicant's qualifications for certification.
   2. (2) If the department determines that the application should not be approved, the department shall give the applicant written notice of the reason for the disapproval and of the opportunity for re-application or appeal.
   3. (3) The applicant whose application has been disapproved under paragraph (1) of this subsection shall be permitted to reapply and shall submit a current application satisfactory to the department, in compliance with the then current requirements of this chapter and the provisions of the Health and Safety Code, Chapter 48.
   4. (4) An applicant whose application has been disapproved may appeal the disapproval under the fair hearing procedures found in Chapter 1, Subchapter C of this title (relating to Fair Hearing Procedures).

5. (e) Application processing. A written notice stating that the application has been approved may be sent in lieu of the notice of acceptance of a complete application. The following periods of time shall apply from the date of receipt of an application until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required.

   1. (1) Letter of acceptance of application for certification - no more than 90 days.
   2. (2) Letter of application deficiency - no more than 90 days.

Source Note:The provisions of this §146.6 adopted to be effective July 20, 2000, 25 TexReg 6708; amended to be effective December 1, 2003, 28 TexReg 10226; amended to be effective January 17, 2006, 31 TexReg 289; amended to be effective October 24, 2010, 35 TexReg 9287.