(a) An application for a new license, license amendment, or license renewal filed with the department must be:      
        (1) on a form approved by the department;       
        (2) completed by the applicant, license holder, or authorized representative who is an employee, a licensed attorney, or a certified public accountant;       
        (3) accompanied by the required fee, paid by check, credit card, or by electronic funds transfer, drawn from an account held by the applicant or license holder, or drawn from a trust account of the applicant's attorney or certified public accountant; and       
        (4) accompanied by proof of a surety bond, if required.       
      (b) An authorized representative of the applicant or license holder who files an application with the department may be required to provide written proof of authority to act on behalf of the applicant or license holder.     
      (c) The department will not provide information regarding the status of an application, application deficiencies, or new license numbers to a person other than a person listed in subsection (a)(2) of this section, unless that person files a written request under Government Code, Chapter 552.     
      (d) Prior to the expiration of a license, a license holder or authorized representative must file with the department a sufficient license renewal application. Failure to receive notice of license expiration from the department does not relieve the license holder from the responsibility to timely file a sufficient license renewal application. A license renewal application is timely filed if:      
        (1) the department receives a sufficient license renewal application on or before the date the license expires; or       
        (2) a legible postmark on the envelope transmitting the sufficient license renewal application clearly indicates that the license holder or authorized representative mailed the license renewal application on or before the date the license expires.       
      (e) An application for a new license or license amendment filed with the department must be sufficient. An application is sufficient if the application:      
        (1) includes all information and documentation required by the department; and       
        (2) is filed in accordance with subsection (a) of this section.       
      (f) A license renewal application received by the department is sufficient if:      
        (1) the renewal application form is completed by the license holder or authorized representative of the license holder who is an employee, an unpaid agent, a licensed attorney, or certified public accountant;       
        (2) accompanied by the required license renewal application fee payment; and       
        (3) accompanied by proof of a surety bond, if required.       
      (g) If an applicant, license holder, or authorized representative does not provide the information or documentation required by the department, the department will issue a written notice of deficiency. The information or documentation requested in the written notice of deficiency must be received by the department within 20 calendar days of the date of the notice of deficiency, unless the department issues a written extension of time. If an applicant, license holder, or authorized representative fails to respond or fully comply with all deficiencies listed in the written notice of deficiency within the time prescribed by this subsection, the application will be deemed withdrawn and will be administratively closed.     
      (h) The department will evaluate a sufficient application for a new license, license amendment, or license renewal in accordance with applicable rules and statutes to determine whether to approve or deny the application. If the department determines that there are grounds for denial of the application, the department may pursue denial of the application in accordance with Subchapter J of this chapter (relating to Administrative Sanctions).     
      (i) The department will process an application for a new license, license amendment, or license renewal filed by a military service member, military spouse, or military veteran in accordance with Occupations Code, Chapter 55. A license holder who fails to timely file a sufficient application for a license renewal because that license holder was on active duty is exempt from any increased fee or penalty imposed by the department for failing to renew the license in a timely manner.     
      (j) A military spouse may engage in a business or occupation for which a department issued license is required if the military spouse meets the requirements of Occupations Code, §55.0041 and this section.      
        (1) To meet the requirements of Occupations Code, §55.0041, a military spouse must submit to the department:                  (A) notice of the military spouse's intent to engage in a business or occupation in Texas for which a department issued license is required;                   (B) proof of the military spouse's residency in Texas and a copy of the military spouse's military identification card, as required by Occupations Code, §55.0041(b)(2); and                   (C) documentation demonstrating that the military spouse is licensed and in good standing in another jurisdiction for the relevant business or occupation.         
        (2) Upon receipt of the notice and documentation required by paragraphs (1)(B) and (1)(C) of this subsection, the department shall:                  (A) confirm with the other licensing jurisdiction that the military spouse is currently licensed and in good standing for the relevant business or occupation; and                   (B) conduct a comparison of the other jurisdiction's license requirements, statutes, and rules with the department's licensing requirements to determine if the requirements are substantially equivalent.         
        (3) If the department confirms that a military spouse is currently licensed in good standing in another jurisdiction with substantially equivalent licensing requirements, the department may issue a license to the military spouse for the relevant business or occupation. The license is subject to requirements in Chapter 215 of this title and Occupations Code, Chapter 2301 in the same manner as a license issued under the standard application process, unless exempted under Occupations Code, Chapter 55.       
      (k) A license holder who timely files a sufficient license renewal application in accordance with subsection (d) of this section may continue to operate under the expired license until the license renewal application is determined.     
      (l) A license holder who fails to timely file a sufficient license renewal application in accordance with subsection (d) of this section is not authorized to continue licensed activities after the date the license expires. A license holder may dispute a decision that a license renewal application was not timely or sufficient by submitting evidence to the department demonstrating that the license renewal application was timely and sufficient. Such evidence must be received by the department within 10 calendar days of the date the department issues notice that a timely or sufficient license renewal application was not received by the department.     
      (m) The department shall accept a late license renewal application up to 90 days after the date the license expires. In accordance with subsection (l) of this section, the license holder is not authorized to continue licensed activities after the date the license expires until the department approves the late license renewal application. If the department grants a license renewal under this section, the licensing period begins on the date the department issues the renewed license. The license holder may resume licensed activities upon receipt of the department's written verification or upon receipt of the renewed license.     
      (n) If the department has not received a late license renewal application within 90 days after the date the license expires, the department will close the license. A person must apply for and receive a new license before that person is authorized to resume activities requiring a license.     
      (o) A metal dealer's license plate issued in accordance with Transportation Code, Chapter 503, Subchapter C expires on the date the associated license expires or when a license renewal application is determined, whichever is later.     
     Source Note:        The provisions of this §215.83 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective October 7, 2012, 37 TexReg 7753; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective December 29, 2019, 44 TexReg 8037