(a) Notice to applicant. Within 30 days from receipt of an application for a certificate of registration, license, permit, or approval issued pursuant to the Insurance Code, Articles 5.43-1-5.43-4, or an application for a certificate or approval issued pursuant to the Government Code, Chapter 419, the agency shall determine a filing to be complete or deficient and immediately issue written notice to the applicant regarding the status of the application.
(1) Complete application.
- (A) The written notice for a complete application shall state that the application is complete and accepted for filing and shall advise the applicant of the time period in which the agency must deny or approve the application unless such information has previously been provided to the applicant.
- (B) For purposes of this section, an application is complete upon agency determination that it is in compliance with the content and form prescribed by the agency.
(2) Deficient application.
- (A) The written notice for a deficient application shall state that the application is not complete, set out the specific additional information that is required for completion, and advise the applicant that the agency may disapprove an application that is not complete within 90 days of its original receipt. After one written notice of deficiency has been issued, another is not required for an application resubmitted in whole or in part with deficiencies.
- (B) In addition to notice issued under subparagraph (A) of this paragraph, the agency may notify the applicant, in any manner, of deficiencies in the application.
(b) Processing of application. Within 60 days after receipt of a complete application, the agency shall:
- (1) issue the license on payment of the appropriate fees and successful completion of all required examinations; or
- (2) deny the license.
(c) Application disapproved.
- (1) The agency may disapprove an application for a license if the applicant fails to successfully complete all required examinations within one year of the receipt of the original application.
- (2) The agency may disapprove an application that is not complete within 90 days of its original receipt by the agency.
Source Note:The provisions of this §401.125 adopted to be effective October 14, 1994, 19 TexReg 7800.