28 Tex. Admin. Code § 34.1203 - General Provisions Regarding Required and Voluntary Submissions
(a) Applicability. Except as otherwise
provided in this subchapter, this section applies to each:
(1) certification form and marking
application, including those submitted in an alternate form in accordance with
§
34.1212(c) of
this subchapter (relating to Promulgated and Alternate Certification Forms and
Marking Applications);
(2) request
for an alternate certification or marking application form;
(3) request for an alternative test method
and performance standard; and
(4)
applicable fee required to be submitted to the SFMO under the Health and Safety
Code §
796.005(e)
and §
34.1211 of this subchapter
(relating to Certification Filing Fees).
(b) Submissions.
(1) Promulgated certification forms and
marking applications. The certification form and marking application form
specified in §
34.1212 of this title (relating to
Promulgated and Alternate Certification Forms and Marking Applications) may be
obtained from the State Fire Marshal's Office, Mail Code 112-FM, Texas
Department of Insurance, P.O. Box 149221, Austin, Texas 78714-9221 or the
department's website at www.tdi.texas.gov/forms/forms18.html.
(2) Alternate certification form or marking
application. A manufacturer may submit a request to the SFMO to use an
alternate form as specified in §
34.1212(c) of
this subchapter in lieu of the promulgated certification form or marking
application specified in §
34.1212(a) and
(b) of this subchapter. A manufacturer may
request to use an alternate certification form or an alternate marking
application, or both an alternate certification form and an alternate marking
application. The request to use an alternate form should be submitted to the
address specified in paragraph (1) of this subsection.
(3) Manner of submission.
(A) All certification forms, marking
applications, including those submitted in an alternate form, requests for an
alternative test method and performance standard, and applicable fees required
to be submitted pursuant to the Health and Safety Code Chapter 796 and this
subchapter must be submitted to the Fire Standard Compliant Cigarette Program
Coordinator, State Fire Marshal's Office, Mail Code 112-FM, Texas Department of
Insurance, P.O. Box 149221, Austin, Texas 78714-9221, or to the extent that the
SFMO and department determine an acceptable means of electronic submission, a
certification form, marking application, request for an alternate certification
or marking application form, request for an alternative test method and
performance standard, or applicable fee may be submitted
electronically.
(B) Each
certification form and marking application or approved-for-use alternate
certification or marking application form submitted to the SFMO must be fully
completed before it will be accepted and the filing will be considered for the
purpose it was submitted. A completed certification form or marking application
or completed alternate certification or marking application form is one that
provides all required information and is accompanied by all required
fees.
(4) SFMO initial
actions on initial submissions.
(A) If the
SFMO determines the submitted marking application is incomplete, the SFMO shall
provide the manufacturer with written notice stating the reasons why the
submitted marking application is incomplete. If this notification is not
postmarked within 10 business days following the receipt of the marking
application, the marking application is deemed approved as provided in
§34.1210(c)(2) (relating to Marking of Package).
(B) A certification that includes payment of
all required fees is considered valid until the SFMO disapproves the
certification submission in writing.
(C) The SFMO will provide written notice as
specified in subsection (c) of this section that:
(i) the certification form or marking
application has been accepted as complete or that the request for an
alternative testing method or request for an alternate certification or marking
application form has been approved; or
(ii) the submission has been disapproved.
Disapprovals shall state in writing the reason the submission was not approved
and that the person may take action as provided under paragraph (5) of this
subsection.
(5) Resubmissions. If the submission is
disapproved, the person making the submission may complete or correct the
submission and resubmit it.
(A) If the
corrected or completed submission is resubmitted to the SFMO within 180 days of
receipt by the SFMO of the initial submission, the corrected or completed
submission may be submitted without payment of additional fees.
(B) If the corrected or completed submission
is not submitted within the 180-day time period, the corrected or completed
submission constitutes a new submission and must be submitted with an
additional payment to the SFMO of all required fees as specified in §
34.1211 of this subchapter
(relating to Certification Filing Fees).
(C) If the person chooses not to correct and
resubmit the submission, the person shall have 30 days from the date of the
last disapproval notice to make a written request for hearing to the SFMO. If a
hearing is requested, the hearing will be granted, and the procedures for a
contested case under the Administrative Procedure Act, Government Code Chapter
2001, shall apply.
(c) Written Notice from the SFMO. Notice by
the SFMO, as required by provisions of this subchapter, shall be given by
personal service or mailed, postage prepaid, to the mailing address of record
for the submitting entity.
Notes
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