1. (a) Prior to the expiration of its existing license, a licensee must file with the department a sufficient license renewal application on a form approved by the department. Failure to receive notice of license expiration from the department does not relieve the licensee from the responsibility to timely renew.

2. (b) A license renewal application received by the department is sufficient if:

   1. (1) the renewal application form is completed by the licensee or authorized representative of the licensee who is an employee, an unpaid agent, a licensed attorney, or certified public accountant;
   2. (2) accompanied by the required license renewal application fee payment; and
   3. (3) accompanied by proof of a surety bond, if required.

3. (c) A license renewal application is timely filed if:

   1. (1) the sufficient license renewal application is received by the department on or before the license expiration date; or
   2. (2) a legible postmark on the envelope transmitting the license renewal application clearly indicates that the renewal application was mailed on or before the license expiration date.
4. (d) A timely and sufficient application shall be accepted for processing. The department will review the application and make a final determination whether to approve or deny the application.
5. (e) A licensee that submits a timely and sufficient license renewal application may continue to operate under the expired license until the renewal application is finally determined.
6. (f) A licensee that fails to file a timely and sufficient license renewal application is not authorized to continue licensed activities.
7. (g) License plates issued pursuant to Transportation Code, Chapter 503, Subchapter C expire upon the date the associated license expires or when a timely and sufficient license renewal application is finally determined, whichever is later.
8. (h) A licensee may rebut a determination that a renewal application was not timely or sufficient by submitting evidence to the department demonstrating the renewal application was timely and sufficient. Such evidence must be received by the department within ten (10) calendar days of the date the department issues notice that a timely or sufficient license renewal application was not received by the department.
9. (i) A late license renewal application may be filed up to 90 days after the license expiration date; however, the applicant is not authorized to continue licensed activities after the license expiration date until the department approves the late renewal application. If the renewal license is granted under this subsection, the licensing period begins on the date the license is issued and the licensee may resume licensed activities upon receipt of the department's written verification or the license.
10. (j) If the department has not received a late license renewal application within 90 days after the license expiration date, the department will close the license. The entity must apply for and receive a new license before the entity is authorized to resume activities requiring a license.

Source Note:The provisions of this §215.83 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective October 7, 2012, 37 TexReg 7753; amended to be effective March 11, 2014, 39 TexReg 1728.