1. (a) Time periods. The department shall comply with the following procedures in processing applications for initial registration and registration renewal.

   1. (1) 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. 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 time periods are as follows:

      1. (A) letter of acceptance of application for registration or sanitarian-in-training registration - 30 working days;
      2. (B) letter of application or renewal deficiency - 30 working days; and
      3. (C) issuance of registration renewal or letter of renewal deficiency - 30 working days.

   2. (2) The following periods of time shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. The time periods for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with the law and of the opportunity for a formal hearing. The time periods are as follows:

      1. (A) letter of approval for examination - 20 working days;
      2. (B) initial letter of approval for registration - 30 working days;
      3. (C) letter of denial of registration - 30 working days; and
      4. (D) issuance of registration renewal - 10 working days.

2. (b) Reimbursement of fees.

   1. (1) In the event an application is not processed in the time periods stated in subsection (a) of this section, the applicant has the right to request reimbursement of all fees paid in that particular application process and to withdraw the application. Application for reimbursement shall be made to the administrator. If the administrator does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied.
   2. (2) Good cause for exceeding the time period is considered to exist if the number of applications for registration and registration renewal exceeds by 15% or more the number of applications processed in the same calendar quarter the preceding year; if another public or private entity relied upon by the department in the application process caused the delay; or any other condition exists giving the department good cause for exceeding the time period.
3. (c) Appeal. If a request for reimbursement under subsection (b) of this section is denied by the administrator, the applicant may appeal to the commissioner of the department for a timely resolution of any dispute arising from a violation of the time periods. The applicant shall give written notice to the commissioner at the address of the department that he or she requests full reimbursement of all fees paid because his or her application was not processed within the applicable time period. The commissioner shall provide written notice of the decision to the applicant and the administrator. An appeal shall be decided in the applicant's favor if the applicable time period was exceeded and good cause was not established. If the appeal is decided in favor of the applicant, full reimbursement of all fees paid in that particular application process shall be made. The decision of the commissioner is final and the applicant is not entitled to a hearing for reimbursement.
4. (d) Contested cases. The time periods for contested cases related to the denial of registration or registration renewals are not included within the time periods stated in subsection (a) of this section. The time period for conducting a contested case hearing runs from the date the department receives a written request for a hearing and ends when the decision of the department is final and appealable.

Source Note:The provisions of this §265.156 adopted to be effective March 26, 2000, 25 TexReg 2345; amended to be effective August 28, 2003, 28 TexReg 6870.