28 Tex. Admin. Code § 7.1907 - Denial of Final Certificate of Authority and Extension of Initial Certificate of Authority
(a) If the
commissioner refuses to grant a final certificate of authority to an applicant
that fails to meet the requirements of §
7.1906 of this title (relating to
Application for Final Certificate of Authority), notice of refusal will be in
writing. Such notice will set forth the basis for the refusal, and constitutes
30 days' advance notice of revocation of the initial certificate of
authority.
(b) If the applicant
submits a written request for a hearing within 30 days after the notice of
refusal to grant a final certificate of authority is sent, revocation of the
initial certificate of authority will be temporarily stayed. The commissioner
will promptly conduct a hearing in which the applicant will be given an
opportunity to show compliance with the requirements of this
subchapter.
(c) The term of the
multiple employer welfare arrangement's (MEWA's) initial certificate of
authority does not expire during the department's review of a timely filed
application for a final certificate of authority.
(d) If a timely filed application is not
complete, the MEWA must timely respond to a notice of deficiency from the
department. If a MEWA fails to timely respond to a notice of deficiency, the
MEWA's initial certificate of authority expires five days after the date the
response was due or on the one-year anniversary of the date that the MEWA's
initial certificate of authority was issued, whichever occurs later.
(e) A response to a notice of deficiency is
timely if the response provides all information requested by the department and
is made in writing:
(1) not later than the
15th day after the date the notice of deficiency is received;
(2) not later than the 25th day if the
department receives written notice from the MEWA that additional time is
required to respond to the inquiry; or
(3) within a reasonable time period as agreed
to by the department based on the MEWA's circumstances.
(f) Before the end of the one-year term of
its initial certificate of authority, a MEWA may request an extension of its
initial certificate of authority. The request must be in writing and must
explain in detail the basis for an extension. The initial certificate of
authority may be extended for up to one year at the discretion of the
commissioner on a determination that the MEWA is likely to meet the
requirements of this subchapter within the granted extension period. No more
than one extension of the initial certificate of authority will be granted,
regardless of the length of time for which an extension was granted under this
subsection.
Notes
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