31 Tex. Admin. Code § 13.39 - Vacancy Application: Cost Deposit
(a) A
cost deposit from the applicant is required for the agency to evaluate and
investigate the vacancy application. Any required deposit shall be used only
for the agency's administrative costs, the expenses of a survey (if the
commissioner appoints a surveyor), and other investigative and related costs,
including attorney ad litem fees, the cost of hearings, and recording fees. The
minimum initial cost deposit for a vacancy application is usually not less than
$3,000.00, and is significantly higher if the commissioner will appoint the
surveyor.
(b) From time to time,
the agency may require the applicant to pay a supplemental cost deposit to
cover anticipated expenses related to the vacancy application. The agency will
send a written request for a supplemental cost deposit to the
applicant.
(c) The applicant shall
submit cost deposit funds to the agency in cash (including cashier checks,
certified checks, money orders or electronic funds transfer). The agency will
inform the applicant in writing of the procedures for submitting payment. For
purposes of this subchapter, the deposit date shall be the date of
tender.
(d) The applicant must
submit the required cost deposits no later than the date set forth in the
agency's written notice that a cost deposit is due. If the applicant fails to
timely submit the initial deposit or within the time period set forth in the
notice for a supplemental cost deposit, the agency may terminate the
application without prejudice, and shall so notify the applicant in
writing.
(e) At the conclusion of
the vacancy proceeding, the agency will provide a written statement to the
applicant of all deposits and expenditures from the cost deposits paid by the
applicant. Such a statement may be issued to the applicant during the
proceeding upon written request.
(f) The unexpended balance of the cost
deposit will be refunded to the applicant at conclusion of the vacancy
process.
Notes
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