(a) Application fees paid to DSHS are not transferable and may be reimbursed only if:
  (1) fee amounts are paid in excess of the required fee, including as a result of an error in the online payment system, and DSHS deducts an administrative fee, as specified in §296.91(c)(17) of this chapter (relating to Fees) and subscription and convenience fees, as specified in §296.91(b) of this chapter from an excess payment before issuing a refund; or
  (2) an application is not processed within the time periods described in §296.42(b) of this chapter (relating to Initial and Renewal Applications).
    (A) In that event, the applicant has the right to request reimbursement of the application fee in writing.
    (B) A request for reimbursement may be denied if DSHS does not determine that the applicable time period has been exceeded or finds that there was good cause for exceeding the time period.
    (C) Good cause for exceeding the time period exists if:
      (i) the number of license applications to be processed exceeds the number of applications processed in the same calendar quarter of the preceding year by 15% or more;
      (ii) DSHS relies on another public or private entity to process all or part of the application process and that entity causes the delay; or
      (iii) any other condition exists that gives DSHS good cause for exceeding the time period.
(b) If DSHS denies a request for reimbursement under subsection (a)(2) of this section, the applicant may appeal in writing to the commissioner. If the commissioner determines that DSHS exceeded the applicable processing time period without good cause, the applicant is entitled to reimbursement of all application fees paid after being notified in writing of the decision.

Source Note: The provisions of this §296.94 adopted to be effective July 8, 2021, 46 TexReg 3880