All references to the executive director in this section shall allow for the delegation of authority by the executive director to other staff members. An application for licensure shall be handled in the following manner and order:
  (1) The application is received at the board office.
  (2) The executive director shall review the application for completeness.
  (3) The executive director shall:
    (A) accept the application as administratively complete and ready for technical evaluation; or
    (B) acknowledge receipt of the application, notify the applicant at the earliest possible time of deficiencies with the application, and give the applicant 60 calendar days to correct deficiencies. If requested by the applicant, the executive director may grant the applicant an additional 30 calendar day period to submit any information identified as necessary to complete the application. If the applicant does not submit the necessary documents or correct deficiencies in the time the board requires, the application shall be administratively withdrawn in accordance with §133.89 of this chapter (relating to Administratively Withdrawn Applications).
  (4) Once an application is administratively complete, the executive director shall perform a technical review and evaluate the qualifications found in the application.
  (5) The executive director may approve the application if:
    (A) all administrative and technical requirements have been met according to the appropriate application type as set out in Subchapter C of this chapter (relating to Professional Engineer License Application Requirements);
    (B) all experience required for licensure is acceptable per Subchapter E of this chapter (relating to Experience);
    (C) all references meet the requirements of Subchapter F of this chapter (relating to Reference Documentation) and are considered by the agency staff to be favorable; and
    (D) the application does not require further review under the criminal history background check requirements of §140.1 of this title (relating to Criminal History and Convictions - Engineers.)
  (6) During the technical review of the application, the Executive Director may request additional information or require additional documentation to clarify an application and ensure eligibility as needed.
  (7) The executive director may deny an application for licensure if the applicant does not:
    (A) submit the minimum number of years of experience to qualify for licensure;
    (B) have an education acceptable to the board as prescribed in §133.31 of this chapter (relating to Educational Requirement for Applicants); or
    (C) pass an examination within the time allotted.
  (8) An applicant whose application has been denied by the executive director under this section shall have 20 calendar days from the date of the denial within which to request a reconsideration and provide additional information to address the deficiencies as set in §133.91 of this chapter (relating to Reconsideration of Denied Application or Requests for Examination Waivers).
  (9) An application for licensure that is not approved or denied by the executive director pursuant to paragraphs (5) or (7) of this section shall be subject to the procedure set out in §133.85 of this chapter (relating to Additional Review of and Action on Applications) and §133.87 of this chapter (relating to Final Action on Applications).

Source Note: The provisions of this §133.83 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective March 23, 2023, 48 TexReg 1560