(a) General Requirements.
  (1) To apply for a license to operate a racetrack, a person must:
    (A) provide to the Commission all the information requested on the form prescribed by the executive secretary;
    (B) submit to the Commission all additional documents required by the application and this subchapter; and
    (C) pay an application fee to the Commission.
  (2) An applicant for a racetrack license must submit the application, all additional documents required by the application and the application fee to the main office of the Commission in Austin.
(b) Application Process.
  (1) From time to time, the Commission shall designate an application period not to exceed 60 days, during which the Commission shall accept application documents.
  (2) The Commission shall specify the class and general geographic area of the racetrack for which it will consider applications.
  (3) The Commission shall publish in the Texas Register an announcement of the beginning of the application process at least 30 days before the first day of the application period.
  (4) While an application for a particular class of racetrack in a geographic region is pending before the Commission, the Commission may not designate an additional application period nor accept additional applications for the same class and geographic region.
  (5) When deciding whether to open an application period, the Commission shall consider the availability of racing and wagering opportunities in the proposed geographical region, the availability of competitive race animals for the class of racetrack, and the workload and budget status of the Commission.
(c) Application and Additional Documents.
  (1) An applicant for a license to operate a racetrack must submit an application on the form prescribed by the executive secretary and all additional documents in accordance with the application and this section.
  (2) The applicant must submit an original and five copies of the application and additional documents to the Commission.
  (3) The applicant must swear to the truth and validity of the information in the application and the additional documents before a notary public. If the applicant is not an individual, the chief executive officer of the applicant must swear to the truth and validity of the information in the application and the additional documents before a notary public.
  (4) The applicant must state the name, address, and telephone number of an individual designated by the applicant to be the primary contact person for the Commission during the application process.
  (5) The applicant must submit the application and all additional documents not later than 5:00 p.m. on the last day of the application period. An application filed after the deadline will not be accepted and may not be considered by the Commission.
(d) Review of Application Documents.
  (1) Not later than the 15th day after the last day of an application period, the executive secretary shall review each application submitted to determine whether the application contains all the required information.
  (2) If the executive secretary determines that the application does not contain all the required information, the executive secretary shall notify the applicant in writing and state the nature of the deficiency in the application. The applicant shall submit the documents necessary to complete the application within 30 days from the date the applicant is notified of the deficiency. If the applicant fails to submit the requested documents on or before the 30th day, the Commission may elect to not consider the application.
  (3) When the executive secretary determines that an application contains all the information required by this chapter, the executive secretary shall notify the applicant in writing that the application is complete.
(e) Changes in the Application.
  (1) If information submitted by an applicant as part of a racetrack application changes or becomes inaccurate before the Commission acts on the application, the applicant shall immediately notify the executive secretary in writing of the change or inaccuracy.
  (2) After a racetrack application has been filed, the applicant may not amend the application except:
    (A) to address a deficiency in accordance with a notice sent under subsection (d);
    (B) as required by the Commission or the Commission staff to clarify information contained in the application; or
    (C) to address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the Act or the rules of the Commission.
  (3) To amend an application under paragraph (2)(C) of this section, an applicant must file with the executive secretary a written request to amend the application. The request must state:
    (A) the change in the circumstances surrounding the application that necessitate the amendment;
    (B) the nature of the amendment; and
    (C) the reasons why the amendment is necessary to bring the application into compliance with the Act or the Rules.
  (4) An applicant filing a request under paragraph (3) of this section must serve a copy of the request on each party to the application proceeding.
  (5) The administrative law judge shall grant or deny each request filed under paragraph (3) of this subsection. A request shall be granted if the applicant demonstrates that:
    (A) the circumstances requiring the amendment were outside the control of the applicant;
    (B) before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the Act or the Rules;
    (C) the amendment is necessary to bring the application into compliance with the pertinent provisions of the Act or the Rules; and
    (D) the amendment does not unfairly surprise another party to the application proceeding.

Source Note: The provisions of this §309.3 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 364