16 Tex. Admin. Code § 60.302 - Notice of Proposed Denial
(a) The department
shall send a written notice of proposed denial if the department proposes:
(1) to deny an initial license application;
or
(2) to deny a person an
opportunity to take an examination.
(b) The department shall send the notice of
proposed denial under subsection (a) by certified mail with electronic return
receipt.
(c) Any notice or document
served upon a person is prima facie evidence of receipt if it is directed to
the person's last known complete, correct address as shown by the department's
records. This presumption is rebuttable. Failure to claim properly addressed
certified or registered mail will not support a finding of
non-delivery.
(d) After receiving a
notice of proposed denial, the person must request a hearing in writing within
twenty days of receipt of the notice or forfeit the right to a hearing, unless
otherwise provided by applicable law. There is a rebuttable presumption that
notice is received three days after the notice was mailed.
(e) If a timely written request is made, the
department shall refer the proposed denial to SOAH for a hearing. If a timely
written request is not made, the proposed denial is final.
Notes
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