(a) The department shall send written notice of expiration of a license to an ambulatory surgical center (ASC) at least 60 days before the expiration date. If the applicant has not received notice, it is the duty of the ASC to notify the department and request a renewal application.
(b) The department shall issue a renewal license to an ASC that meets the minimum standards for a license set forth in these sections.
  (1) The ASC shall submit the following to the department no later than 30 days prior to the expiration date of the license:
    (A) a completed renewal application form;
    (B) a nonrefundable license fee; and
    (C) if the ASC is accredited by the Joint Commission, the Accreditation Association for Ambulatory Health Care, or the American Association for Accreditation of Ambulatory Surgery Facilities, documented evidence of current accreditation status.
  (2) Renewal licenses shall be valid for two years.
(c) If the applicant fails to timely submit an application and fee in accordance with subsection (b) of this section, the department shall notify the applicant that the ASC shall cease providing ambulatory surgical services. If the ASC can provide the department with sufficient evidence that the submission was completed in a timely manner and all dates were adhered to, the cease to perform shall be dismissed. If the ASC cannot provide sufficient evidence, the ASC shall immediately thereafter return the license by certified mail. If the applicant wishes to provide ambulatory surgical services after the expiration date of the license, the applicant shall reapply for a license under §135.20 of this title (relating to Initial Application and Issuance of License).

Source Note: The provisions of this §135.22 adopted to be effective June 18, 2009, 34 TexReg 3948