40 Tex. Admin. Code § 807.6 - Processing Periods

(a) The time periods for processing applications from schools, including small businesses, for certificates of approval, as well as approvals for representatives, school directors, and instructors, shall be in accordance with the following time periods.
(1) The first period is the time from the receipt of an application to the date of the issuance of a written notice approving the application or outlining the reasons why the application is unacceptable. The time periods for each application are:
(A) original certificate of approval--40 days;
(B) renewed certificate of approval--40 days;
(C) change in ownership certificate of approval--40 days;
(D) original representatives--21 days;
(E) renewed representatives--21 days;
(F) school directors and instructors (approval contingent on issuance of school's approval)--40 days; and
(G) school directors and instructors (approval not contingent on issuance of school's approval)--55 days.
(2) The second period is the time from receipt of the last item necessary to complete the application to the date of issuance of written notice approving or denying approval of the application. The time periods for each application are:
(A) original certificate of approval--40 days;
(B) renewed certificate of approval--40 days;
(C) change in ownership certificate of approval--40 days;
(D) original representative (approval contingent upon issuance of school's approval)--21 days;
(E) original representative (approval not contingent upon issuance of school's approval)--21 days;
(F) renewed representative (approval contingent upon issuance of school's approval)--21 days;
(G) school directors and instructors (approval contingent on issuance of school's approval)--40 days; and
(H) school directors and instructors (approval not contingent on issuance of school's approval)--55 days.
(b) In the event the application is not processed in the time periods as stated in this section, the applicant has the right to request of the Commission full reimbursement of all filing fees paid in that particular application process. If the Commission does not agree that the established time periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied. Good cause for exceeding the period established is considered to exist if:
(1) the number of applications for certificates of approval, representatives, school directors, or instructors as appropriate to be processed exceeds by 15% or more the number processed in the same calendar quarter of the preceding year;
(2) another public or private entity utilized in the application process caused the delay; or
(3) other conditions exist that give good cause for exceeding the established periods.
(c) If the request for full reimbursement authorized in this section is denied, the applicant may then request a hearing by appealing to the Commission for a resolution of the dispute. The appeal will be processed in the same manner as other appeals involving schools pursuant to the Act.

Notes

40 Tex. Admin. Code § 807.6
The provisions of this §807.6 adopted to be effective August 16, 1998, 23 TexReg 8479.

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