(a) In order to be eligible to receive a disbursement from the program, an employer must:      
        (1) be an eligible employer that has incurred or will incur an allowable expense;       
        (2) have Texas workers' compensation insurance coverage in effect on the date the employee is injured and be able to provide proof of coverage;       
        (3) submit an application for funds from the program;       
        (4) timely provide any additional or supplemental information to the administrator that may be deemed necessary by the division; and       
        (5) the application must be approved by the division.       
      (b) In order for an expense to be eligible for a disbursement from the program, the expense must not have been incurred by the employer beyond one year prior to submitting the application to the division. For good cause, the division or the administrator may extend this one year requirement.     
      (c) After approval of an application by the division, release of funds are contingent upon the approval of the Texas Comptroller of Public Accounts. Approval of an application by the division is not a guarantee of release of funds from the Texas Comptroller of Public Accounts.     
     Source Note:        The provisions of this §137.45 adopted to be effective February 22, 2006, 31 TexReg 1037; amended to be effective April 25, 2010, 35 TexReg 3061