(a) General.
  (1) The date a license application is received is the date the application reaches Health Facility Licensing (commission).
  (2) An application for an initial license is complete when the commission has received, reviewed, and found acceptable the information described in §139.23(c)(2)(C) of this title (relating to Application Procedures and Issuance of Licenses).
  (3) An application for a renewal license is complete when the commission has received, reviewed, and found acceptable the information described in §139.23(d)(2) of this title.
  (4) An application for a change of ownership or change of physical location license is complete when the requirements of §139.24 of this title (relating to Change of Ownership or Services, Change of Physical Location, and Closure of a Licensed Abortion Facility) have been met.
(b) Time periods. An application from an abortion facility for an initial license, renewal license, change of physical location license, or change of ownership license shall be processed in accordance with the following time periods.
  (1) The first time period begins on the date the commission 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 days for initial, renewal, change of physical location, and change of ownership applications.
  (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 days for initial, renewal and change of ownership applications.
(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 commission reimburse in full the fee paid in that particular application process. If the commission 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 executive commissioner for a resolution of the dispute. The applicant shall give written notice to the executive commissioner requesting reimbursement of the fee paid because the application was not processed within the established time period. The commission 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 executive commissioner shall make the final decision and provide written notification of the decision to the applicant and the commission.

Source Note: The provisions of this §139.25 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective March 26, 2019, 44 TexReg 1532