(a) General.
  (1) The date a license application is received is the date the application reaches the Department of State Health Services (department).
  (2) An application for an initial license is complete when the department has received, reviewed, and found acceptable the information described in §135.20 of this title (relating to Initial Application and Issuance of License).
  (3) An application for a renewal license is complete when the department has received, reviewed, and found acceptable the information described in §135.22 of this title (relating to Renewal of License).
(b) Time Periods. An application from a facility for an initial license or a renewal license shall be processed in accordance with the following time periods.
  (1) The first time period begins on the date the department receives the application and ends on the date the license is issued, or if the application is received incomplete, the period ends on the date the facility is issued a written notice that the application is incomplete. The written notice shall describe the specific information that is required before the application is considered complete. The first time period is 45 calendar days.
  (2) The second time period begins on the date the last item necessary to complete the application is received and ends on the date the license is issued. The second time period is 45 calendar days.
(c) Reimbursement of fees.
  (1) In the event the application is not processed in the time periods stated in subsection (b) of this section, the applicant has the right to request that the department reimburse in full the fee paid in that particular application process. If the department does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request shall be denied.
  (2) Good cause for exceeding the period established is considered to exist if:
    (A) the number of applications for licenses to be processed exceeds by 15% or more the number processed in the same calendar quarter the preceding year;
    (B) another public or private entity utilized in the application process caused the delay; or
    (C) other conditions existed giving good cause for exceeding the established periods.
(d) Appeal. If the request for reimbursement as authorized by subsection (c) of this section is denied, the applicant may then appeal to the commissioner for a resolution of the dispute. The applicant shall give written notice to the commissioner requesting reimbursement of the fee paid because the application was not processed within the established time period. The department shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner shall make the final decision and provide written notification of the decision to the applicant and the department.
(e) Hearings. If a hearing is proposed during the processing of the application, the hearing shall be conducted pursuant to the Government Code, Chapter 2001, Administrative Procedure Act (APA), the hearing procedures of the State Office of Administrative Hearings (Texas Government Code, Chapter 2003 and 1 Texas Administrative Code, Chapter 155, Rules of Procedures).

Source Note: The provisions of this §135.29 adopted to be effective June 18, 2009, 34 TexReg 3948