1. (a) The agency may exceed the time periods set forth in these sections if:

   1. (1) the number of permits exceeds by 15% or more the number processed in the same calendar quarter of the preceding year;
   2. (2) the Securities and Exchange Commission or another public or private entity, including the applicant itself, causes the delay; or
   3. (3) the applicant requests delay.
2. (b) If it appears to the applicant that for reasons other than those set forth in subsection (a)(2) of this section, the agency exceeded the time periods set forth in these sections, the applicant may appeal by filing a complaint in writing with the deputy commissioner who shall provide the staff with a copy of the complaint immediately.
3. (c) If the agency's staff believes that the time periods were not exceeded for the reasons alleged in the complaint, the staff may file with the deputy commissioner a written response to the complaint within five days of receipt by the agency of the complaint.
4. (d) The deputy commissioner shall render a decision and communicate it to the applicant within 10 days of receipt of the applicant's complaint, whether or not a response is filed by the staff.
5. (e) If the complaint is decided in favor of the applicant, the applicant shall receive full reimbursement of all filing fees paid by the applicant.
6. (f) If the complaint is decided in favor of the staff, the applicant may appeal the decision by requesting a hearing before the commissioner pursuant to the Securities Act, §24A.

Source Note:The provisions of this §104.6 adopted to be effective May 17, 1988, 13 TexReg 2160.