The application process is as follows:
- (1) After review, the department shall certify the application, provide the applicant written notice of any omissions or deficiencies noted as a result of the review conducted pursuant to this section, or deny the application.
- (2) The applicant must correct the omissions or deficiencies in the application within 30 days of the date of the department's notice of such omissions or deficiencies.
- (3) The applicant may waive any of the time limits specified in this section, except as set forth in paragraph (2) of this section. The applicant may waive the time limit in paragraph (2) of this section only with the consent of the department.
- (4) Department staff shall notify the applicant of any omission or deficiencies noted during its review and inform the applicant that the application will be denied, absent corrections. If the time required for the revisions will exceed 30 days, the applicant must request additional time within which to make the revisions. In the request, the applicant must specifically set out the length of time requested, not to exceed 90 days, and must include sufficient detail for the commissioner or the commissioner's designee to determine whether good cause for such extension exists. The commissioner or the commissioner's designee may grant or deny any request for an extension of time at the discretion of the commissioner or the commissioner's designee. The department shall review all revisions and take action as provided in paragraph (1) of this section.
- (5) The department shall maintain a charter file which shall contain the application, notices of omissions or deficiencies, responses, and any written materials generated by any person that were considered by the department in evaluating the application.
Source Note:The provisions of this §12.104 adopted to be effective November 26, 1997, 22 TexReg 11363; amended to be effective December 26, 2010, 35 TexReg 11281.