(a) If a licensee requests termination of a license, the amount of the annual fee due on the next fee payment due date may be prorated based on the number of months completed through the month of the termination request out of the 12-month period covered by the annual fee. As an example, if a licensee requests termination of a license on August 20 and the next annual fee is due on or before November 30, the annual fee for that year may be prorated as 9/12 of the applicable fee amount. After the next annual fee due date, the annual fee may be waived pending the final determination on the termination request. The annual fee may be prorated or waived as provided in this subsection if the executive director has reasonable basis to find, from information provided by the licensee, that the licensee has satisfied the applicable requirements for decommissioning and closure. If the executive director has insufficient information or finds that the licensee has not satisfied the requirements for decommissioning and closure, the annual fee shall not be prorated or waived and shall be the full amount.
(b) If an annual fee has been prorated or waived under subsection (a) of this section and the executive director later determines, before making the final determination on the request for termination, that the licensee has not met the decommissioning and closure requirements, then any amount of annual fees not paid due to proration or waiving shall be payable immediately upon notice to the licensee.
(c) The commission may not terminate a license for which the licensee has not paid any outstanding fees prescribed by this subchapter until the fees are paid.

Source Note: The provisions of this §336.109 adopted to be effective June 5, 1997, 22 TexReg 4588.