1. (a) A renewal application is late if all required materials are not postmarked prior to the expiration date of the license. Licensees who do not complete the renewal process prior to the expiration date are subject to late fees as described. Likewise, a renewal completed online must be electronically date and time stamped prior to the expiration date or it is late and subject to late fees as described.

   1. (1) If the license has been expired for 90 days or less, the person may renew the license by completing all renewal requirements and submitting the renewal fee and the appropriate late fee.

   2. (2) If the license has been expired for more than 90 days, but less than one year, the person may renew the license by completing all renewal requirements and:

      1. (A) submitting the renewal fee and the appropriate late fee; and
      2. (B) submitting copies of the continuing education documentation as per Chapter 367.

2. (b) Military Service:

   1. (1) A licensee will be exempt from late fees and penalty for failure to timely renew a license if the licensee establishes to the satisfaction of the Board that failure to renew the license in a timely manner was because the licensee was serving as a military service member.

   2. (2) A licensee who is a military service member is entitled to two years of additional time after the expiration of the license to complete:

      1. (A) any continuing education requirements; and
      2. (B) any other requirements related to the renewal of the license.
   3. (3) In this section, "military service member" has the meaning as defined in Chapter 55, Occupations Code, §55.001.

Source Note:The provisions of this §370.2 adopted to be effective May 31, 2007, 32 TexReg 2880; amended to be effective June 18, 2009, 34 TexReg 3983; amended to be effective January 1, 2010, 34 TexReg 8968; amended to be effective November 28, 2010, 35 TexReg 10235; amended to be effective January 1, 2016, 40 TexReg 8665.