(a) If the department has reason to believe that a person or facility may be providing ambulatory surgical services without a license as required by the Act, the person or facility shall be so notified in writing by certified mail, return receipt requested, and shall submit to the department the following information within 20 days of receipt of the notice:
  (1) an application for a license and the license fee, which is nonrefundable;
  (2) a claim for exemption under §135.19 of this title (relating to Exemptions); or
  (3) any and all documentation necessary to establish that ambulatory surgical services are not being provided. Documentation shall include a notarized statement attesting to the fact that ambulatory surgical services are not provided and a statement of the type(s) of service(s) that are provided.
(b) If the person or facility has submitted an application for a license, the application shall be processed in accordance with §135.20 of this title (relating to Initial Application and Issuance of License).
(c) If the person or facility submits a claim for exemption, the exemption claim shall be processed in accordance with §135.19 of this title.
(d) If the person or facility submits sufficient documentation to establish that ambulatory surgical services are not provided, the department shall so notify the person or facility in writing within 30 days that no license is required. If the documentation submitted is determined to be insufficient by the department, the person or facility shall be so notified in writing and shall have 10 days to respond. Following receipt of the response, if any, the department shall then notify the person or facility in writing within 10 days of the determination.

Source Note: The provisions of this §135.18 adopted to be effective June 18, 2009, 34 TexReg 3948