(a) Except as otherwise provided, an applicant for licensure:
  (1) whose documentation indicates any name other than the name under which the applicant has applied must furnish proof of the name change;
  (2) whose applications have been filed with the board in excess of one year will be considered expired. Any fee previously submitted with that application shall be forfeited unless otherwise provided by Chapter 175 of this title (relating to Fees and Penalties). Any further request for licensure will require submission of a new application and inclusion of the current licensure fee. An extension to an application may be granted under certain circumstances, including:
    (A) delay by board staff in processing an application due to an administrative error;
    (B) application requires licensure committee review after completion of all other processing and will expire prior to the next scheduled meeting;
    (C) licensure committee requires an applicant to meet specific additional requirements for licensure and the application will expire prior to deadline established by the licensure committee;
    (D) applicant is delayed due to unanticipated military assignments, medical reasons, or catastrophic events;
  (3) who in any way falsifies the application may be required to appear before the board. It will be at the discretion of the board whether or not the applicant will be issued a license;
  (4) on whom adverse information is received by the board may be required to appear before the board. It will be at the discretion of the board whether or not the applicant will be issued a license;
  (5) shall be required to comply with the board's rules and regulations which are in effect at the time the completed application form and fee are received by the board;
  (6) must have the application for licensure complete in every detail at least 20 days prior to the board meeting at which the applicant is considered for licensure. An applicant may qualify for a training license prior to being considered by the board for licensure, as required by §160.10 of this title (relating to Training Licensure); and
  (7) must complete an oath swearing that the applicant has submitted an accurate and complete application.
(b) The executive director or a designee of the executive director shall review each application for licensure and shall recommend to the board all applicants eligible for licensure. The executive director, a designee of the executive director, or board staff, may consult with a member(s) of the advisory committee as part of such application review. The executive director also shall report to the board the names of all applicants determined to be ineligible for licensure, together with the reasons for each recommendation. An applicant deemed ineligible for licensure by the executive director may request review of such recommendation by the board's licensure committee within 20 days of receipt of such notice, and the executive director may refer any application to the licensure committee for a recommendation concerning eligibility.
  (1) If the licensure committee finds the applicant ineligible for licensure, such recommendation, together with the reasons, shall be submitted to the board unless the applicant requests a hearing not later than the 20th day after the date the applicant receives notice of the determination.
  (2) The hearing shall be before an administrative law judge of the State Office of Administrative Hearings and shall comply with the Administrative Procedure Act and its subsequent amendments and the rules of the State Office of Administrative Hearings and the board. The board shall, after receiving the administrative law judge's proposed findings of fact and conclusions of law, determine the eligibility of the applicant for licensure.
  (3) A medical physicist whose application for licensure is denied by the board shall receive a written statement containing the reasons for the board's action. All reports received or gathered by the board on each applicant are confidential and are not subject to disclosure under the Public Information Act, Texas Government Code, Chapter 552. The board may disclose such reports to appropriate licensing authorities in other states.

Source Note: The provisions of this §160.8 adopted to be effective July 7, 2016, 41 TexReg 4819