An application that is not approved or denied per §133.83 of this chapter (related to Processing, Review, and Evaluation of Applications) shall be subject to the following process to determine eligibility for licensure.
  (1) The executive director will identify the deficiency in the application that prohibits approval as set out in §133.83(5) of this chapter and will draft a Corrective Action Plan (CAP) based on the table in §133.101 of this chapter (relating to Proposed Actions on Applications). The executive director may refer the application and draft CAP to the Licensing Committee for its consideration, before sending the CAP to the applicant, if deemed necessary.
  (2) The executive director will present the applicant with the CAP in writing. The applicant will have 15 days to respond in writing to the CAP. The applicant shall:
    (A) accept the terms of the proposed CAP by signing it; or
    (B) request a personal interview with the Licensing Committee as set out in §133.93 of this chapter (relating to Personal Interviews of Applicants).
  (3) If the applicant accepts the proposed CAP the applicant will be required to successfully complete all conditions of the CAP prior to approval of the application.
  (4) Criminal History Deficiency. If the executive director determines the deficiency relates to a violation of the criminal history background check requirements as set out in §140.1 of this title (relating to Criminal History and Convictions - Engineers), the executive director shall refer the application to the Licensing Committee for personal interview without first offering the applicant a proposed CAP.

Source Note: The provisions of this §133.85 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 23, 2023, 48 TexReg 1560