1. (a) The department is entitled to rely on the mailing and electronic mail address currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address with the department is not a defense to any action based on the registrant's, statutory agent's, or applicant's failure to respond.
2. (b) Service upon the registrant, applicant or statutory agents of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and the department receives confirmation of the transmission. If the notice is received after 5:00 p.m. or on a weekend or holiday, it is considered received on the next business day. Receipt is presumed three (3) days following the date sent, if by regular United States mail.
3. (c) The department shall notify the applicant of the denial of an application for a certificate of registration or renewal application for a certificate of registration and the registrant or statutory agent of advisory letters, reprimands, suspensions, or revocations of certificates of registration by certified mail, return receipt requested.

Source Note:The provisions of this §36.2 adopted to be effective January 10, 2016, 41 TexReg 497.