1. (a) Initial review. The agency will respond to applications within 15 working days of receipt stating that the application is complete and accepted for filing or stating that the application is incomplete and specifying the information required for acceptance.

2. (b) Complete application. An application is complete when it:

   1. (1) conforms to the rules and the commissioner's published instructions;
   2. (2) all fees have been paid; and
   3. (3) all requests for additional information have been satisfied.
3. (c) Failure to complete application. If a complete application has not been filed with the commissioner within 30 days after notice of deficiency has been sent to the applicant, the application may be denied.
4. (d) Hearing. Whenever an application is denied, the applicant has 30 days from the date the application was denied to request in writing a hearing to contest the denial. This hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001, and §9.1 et seq. of this title (relating to Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings), before an administrative law judge who will recommend a decision to the commissioner. The commissioner will then issue a final decision after review of the recommended decision.
5. (e) Denial. The commissioner shall inform the applicant in writing of the reasons for denial. Upon the final denial of an application, the annual fee will be refunded to applicant. The investigation fee will be forfeited.

6. (f) Processing time.

   1. (1) The commissioner shall ordinarily approve or deny a registered provider application within a maximum of 60 days after the date of filing of a completed application.
   2. (2) Exceptions. The commissioner may take more time where good cause exists, as defined by Government Code, §2005.004, for exceeding the established time period in paragraph (1) of this subsection.

Source Note:The provisions of this §88.103 adopted to be effective November 10, 2005, 30 TexReg 7213.