(a) Hearing.
  (1) Notice. An applicant who does not receive notice as to the complete or deficient status of a certificate application within the period established in this subchapter for such application may petition for a hearing to review the matter.
  (2) Processing. An applicant whose permit is not approved or denied within the period established in this subchapter for such certificate may petition for a hearing to review the matter.
  (3) Procedure. A hearing under this section shall be in accordance with the Administrative Procedure Act and Subchapter E of this chapter (relating to Contested Cases).
(b) Petition. A petition filed under this section must be in writing and directed to the Agency Chief. The petition shall identify the applicant, indicate the type of certificate sought and the date of the application, specify each provision in this subchapter that the agency has violated, and describe with particularity how the agency has violated each provision. The petition shall be filed with the office of the Agency Chief.
(c) Decision. An appeal filed under this section shall be decided in the applicant's favor if the Agency Chief finds that:
  (1) the agency exceeded an established period under this subchapter; and
  (2) the agency failed to establish good cause for exceeding the period.
(d) Good cause. The agency is considered to have good cause for exceeding a notice or processing period established for a permit if:
  (1) the number of certificates to be processed exceeds by 15% or more the number of certificates processed in the same calendar quarter of the preceding year;
  (2) the agency must rely on another public or private entity for all or part of its certificate processing, and the delay is caused by the other entity;
  (3) the hearing and decision-making process results in reasonable delay under the circumstances;
  (4) the applicant is under administrative review; or
  (5) any other conditions exist giving the agency good cause for exceeding a notice or processing period.
(e) Commission review. A permit applicant aggrieved by a final decision or order of the Agency Chief concerning a period established by these sections may appeal to the commission in writing after the decision or order complained of is final, in accordance with §401.63 of this title (relating to Final Decision and Orders).
(f) Relief.
  (1) Complete or deficient status. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to issue notice as to the complete or deficient status of an application shall be entitled to notice of application status.
  (2) Certificate approval or denial. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to approve or deny a certificate shall be entitled to such approval or denial of the certificate and to full reimbursement of all filing fees that have been paid to the agency in connection with the application.

Source Note: The provisions of this §401.127 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective January 20, 2002, 27 TexReg 382; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51