1. (a) Time periods. Applications from youth camps for initial licenses and renewal licenses shall be processed in accordance with the following time periods.

   1. (1) The first period is a time from the receipt of an application to the date of issuance of a written notice approving the application or outlining the reasons why the application is unacceptable. The time periods from each application are:

      1. (A) 30 days for initial youth camp license; and
      2. (B) 21 days for renewal youth camp license.

   2. (2) The second period is a time from receipt of a complete application to the date of issuance of written notice approving or denying approval of the application. The time periods for each application are:

      1. (A) 60 days for initial youth camp license; and
      2. (B) 30 days for renewal youth camp license.

2. (b) Reimbursement of fees.

   1. (1) In the event the application is not processed in the time periods as stated in subsection (a) of this section, the applicant has the right to request of the administrator full reimbursement of all filing fees paid in that particular application process. If the administration does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.

   2. (2) Good cause for exceeding the period established is considered to exist if:

      1. (A) the number of applications for licenses to be processed exceeds by 15% or more the number processed in the same calendar quarter the preceding year.
      2. (B) another public or private entity utilized in the application process caused the delay; or
      3. (C) other conditions exist giving good cause for exceeding the established time periods.
   3. (3) If the request for full reimbursement is denied by the program administrator, the applicant may appeal directly to the commissioner of health for a resolution. The appeal shall be in the form of a written statement and shall contain the reasons for the request for reimbursement. The program administrator also may send to the commissioner a written statement describing the reasons for the denial. The commissioner shall make a timely decision and advise the applicant in writing of the decision.
3. (c) Contested case hearing. If during the processing of the license, a contested case hearing becomes involved, the time period for the hearing shall be in addition to the times in this section and shall be in accordance with the time periods described in §1.34 of this title (relating to Time Periods for Contested Case Hearings).

Source Note:The provisions of this §265.23 adopted to be effective June 1, 1988, 13 TexReg 2086.