(a) When a vacancy application is received by the agency, the chief surveyor will determine whether the application was properly filed under §13.34 of this title (relating to Vacancy Application: Requirements).     
      (b) The date of the chief surveyor's determination that the application is properly filed is the filing date for the vacancy application, and the filing date shall be noted on the application.     
      (c) The commissioner may reject an application:      
        (1) if an application is deemed not properly filed; or       
        (2) if the agency files contain a previous determination that the land described in the application is not vacant.       
      (d) If the commissioner rejects an application under subsection (c) of this section, the agency will inform the applicant in writing that the file has been rejected and the reasons for the rejection.      
        (1) A file rejected under subsection (c)(1) of this section shall be endorsed "dismissed without prejudice."       
        (2) A file rejected under subsection (c)(2) of this section shall be endorsed "dismissed with prejudice."       
      (e) Termination of an application means that no substantive determination was made on the vacancy application. When an application is terminated, the file will be endorsed with "dismissed without prejudice" and a statement of the reason for termination. The agency may terminate an application:      
        (1) when the applicant refuses or fails to make a required cost deposit; or       
        (2) when the applicant refuses or fails to perform any other act required by the agency under this subchapter.       
     Source Note:        The provisions of this §13.37 adopted to be effective February 22, 2011, 36 TexReg 1154