(a) A denial of a new technology variance application may be appealed to the director of compliance, or his designee, within 30 calendar days from notification of the department's decision.
(b) The appeal to the director of compliance, or his designee, must be submitted in writing along with payment of the applicable appeal fee under §74.80. Supporting documentation such as the variance application and all documentation filed to support the application may be submitted for consideration.
(c) When a variance review determination has been made by the director of compliance, or his designee, the applicant will be advised in writing of the determination.
(d) A denial of a new technology variance application from the director of compliance, or his designee, may be appealed to the executive director, or his designee, within 30 calendar days of notification of the director of compliance's decision.
(e) The appeal to the executive director must be submitted in writing. Supporting documentation such as the variance application and all documentation filed to support the application may be submitted for consideration. No additional appeal fees must be submitted.
(f) When a variance review determination has been made by the executive director, the applicant will be advised in writing of the determination.
(g) The decision of the executive director regarding the variance application is final and binding on the applicant.

Source Note: The provisions of this §74.122 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949