(a) An applicant may request that the commissioner appoint a surveyor to perform the survey required for a vacancy determination. Such request must be made in writing in the vacancy application.     
      (b) The applicant must bear the cost of the performance of the requested survey by a surveyor appointed by the commissioner. Therefore, upon the commissioner's decision to grant the request for appointment of a surveyor, the agency shall request a cost deposit from the applicant to cover the projected cost of the survey. If the cost deposit payment is not received by the agency within thirty (30) days of the date of the notice of cost deposit from the agency described in §13.39(d) of this title (relating to Vacancy Application: Cost Deposit), the application may be dismissed without prejudice.     
      (c) The commissioner is under no obligation to appoint a surveyor upon request, but, in the commissioner's sole discretion, he or she may appoint a licensed state land surveyor in the manner described in §13.45 of this title (relating to Commissioner's Survey).     
     Source Note:        The provisions of this §13.46 adopted to be effective February 22, 2011, 36 TexReg 1154