(a) No deemed appointment. The commissioner must affirmatively appoint an applicant before the appointment is effective. No applicant will be deemed appointed.
(b) Denial. The commissioner may deny an application or a renewal application because:
  (1) the application is incomplete;
  (2) the applicant is not qualified; or
  (3) for any of the reasons described in §5.4642(a) of this title (relating to Disciplinary Action).
(c) Notice.
  (1) TDI will notify the applicant whether the commissioner has approved or denied the appointment or renewal application.
  (2) Any communication of denial will state the reasons for denial and will notify the applicant that the applicant has 30 days from the date of the communication to make a written request for hearing.
  (3) If the applicant makes a timely request for hearing, the request will be granted and the procedures for a contested case under the Government Code, Chapter 2001, Administrative Procedure Act, will apply.

Source Note: The provisions of this §5.4612 adopted to be effective January 18, 2017, 42 TexReg 66