Section 510.25 - Time Periods for Processing and Issuing Licenses(a) General.(1) The receipt date for an application for an initial license or a renewal license is the date the application is received by the Texas Health and Human Services Commission (HHSC).(2) An application for an initial license is complete when HHSC has received, reviewed, and found acceptable the information described in § 510.22(a) and (b) of this subchapter (relating to Application and Issuance of Initial License).(3) An application for a renewal license is complete when HHSC has received, reviewed, and found acceptable the information described in § 510.23(b) of this subchapter (relating to Application and Issuance of Renewal License).(b) Time periods. An application for an initial license or renewal license shall be processed in accordance with the following time periods.(1) The first time period begins on the date HHSC receives the application and ends on the date the license is issued, or, if the application is received incomplete, the period ends on the date the facility is issued a written notice that the application is incomplete. The written notice shall describe the specific information that is required before the application is considered complete. The first time period is 20 business days.(2) The second time period begins on the date HHSC receives the last item necessary to complete the application and ends on the date the license is issued. The second time period is 20 business days.(c) Reimbursement of fees.(1) In the event the application is not processed in the time periods stated in subsection (b) of this section, the applicant has the right to request HHSC reimburse in full the fee paid for that application process. If HHSC does not agree the established periods have been violated or finds good cause existed for exceeding the established periods, the request shall be denied.(2) Good cause for exceeding the period established exists if: (A) 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;(B) another public or private entity utilized in the application process caused the delay; or(C) other conditions existed which gave good cause for exceeding the established periods.(d) Appeal. If the request for full reimbursement authorized by subsection (c) of this section is denied, the applicant may then appeal to the HHSC Executive Commissioner (commissioner) for a resolution of the dispute. The applicant shall give written notice to the commissioner requesting full reimbursement of all filing fees paid because the application was not processed within the adopted 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. The commissioner shall make the final decision and provide written notification of the decision to the applicant and HHSC.(e) Contested case hearings. The procedures set out in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) apply to all hearings requested under this chapter.26 Tex. Admin. Code § 510.25
The provisions of this §510.25 adopted to be effective January 1, 2004, 28 TexReg 5154; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9285, eff. 11/21/2024