Section 509.29 - Time Periods for Processing and Issuing Licenses(a) The date a license application is received is the date the application reaches the Texas Health and Human Services Commission (HHSC).(b) An application for an initial license is complete when HHSC has received the application fee and received, reviewed, and found acceptable the information described in § 509.24 of this subchapter (relating to Application and Issuance of Initial License).(c) An application for a renewal license is complete when HHSC has received the application fee and received, reviewed, and found acceptable the information described in § 509.25 of this subchapter (relating to Application and Issuance of Renewal License).(d) HHSC shall process an application from an applicant for an initial license or a facility for a renewal license in accordance with the following time periods. (1) The first time period begins on the date HHSC receives the complete application and ends on the date HHSC issues the license. The first time period is 45 calendar days.(2) If HHSC receives an incomplete application, the first time period ends on the date HHSC issues a written notice to the applicant or facility that the application is incomplete. The written notice shall describe the specific information HHSC requires before HHSC considers the application complete.(3) For incomplete applications, the second time period begins on the date HHSC receives the last item necessary to complete the application and ends on the date HHSC issues the license. The second time period is 45 calendar days.(e) In the event HHSC does not process the application in the time periods stated in subsection (d) of this section, the applicant has the right to request that HHSC reimburse in full the fee paid in that particular application process. If HHSC does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, HHSC shall deny the request.(f) Good cause for exceeding the period established is considered to exist if:(1) the number of applications for licenses to be processed exceeds by 15 percent or more the number processed in the same calendar quarter the preceding year;(2) another public or private entity used in the application process caused the delay; or(3) other conditions existed giving good cause for exceeding the established periods.(g) If the request for reimbursement as authorized by subsection (e) of this section is denied, the applicant may then appeal to the HHSC Executive Commissioner (executive commissioner) for a resolution of the dispute. The applicant shall give written notice to the executive commissioner requesting reimbursement of the fee paid because the application was not processed within the established time period. HHSC shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. HHSC shall make the final decision and provide written notification of the decision to the applicant and HHSC.(h) If a hearing is proposed during the processing of the application, the hearing shall be conducted under Texas Government Code Chapter 2001 (relating to Administrative Procedure); 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act); and 1 TAC Chapter 155 (relating to Rules of Procedure).26 Tex. Admin. Code § 509.29
Adopted by Texas Register, Volume 48, Number 48, December 1, 2023, TexReg 7071, eff. 12/4/2023