The application process is as follows:
- (1) After review, the department shall either certify or deny the application, and give the applicant written notice of any omission or deficiencies noted as a result of the review conducted pursuant to this section.
- (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 described in this subsection, except as set forth in paragraph (2) of this section. The applicant may waive the time limit in paragraph (2) of this subsection only with the consent of the department.
- (4) Department staff shall notify the applicant of any omission or deficiencies noted during its review, inform the applicant that the application shall 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. The applicant must specifically set out the length of time requested, not to exceed 90 days. Additional delays may be requested. The request for any additional delays must set out the need for the additional delay in sufficient detail for the commissioner or his or her designee to determine whether good cause for such delay exists. The department must review all revisions within 60 days of receipt. The commissioner or his or her designee may grant or deny any request for an extension of time at his or her discretion.
- (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.