RULES FOR LICENSURE OF GOVERNMENTALLY EMPLOYED NONCOMMERCIAL PESTICIDE APPLICATORS INVOLVED IN HEALTH-RELATED PEST CONTROL
¤267.1. Introduction.
(a) Purpose. This chapter implements the Texas Pesticide Control Act, Texas
Agriculture Code, which requires the department to adopt rules to ensure the safe
application of pesticides in health-related pest control programs.
(b) Policy. These sections are compatible with federal and state laws regarding
pesticide applications, encourage integrated pest management practices, and require
continuing education.
(c) Scope. These sections apply to employees of the United States
Government, state, county, city, mosquito control districts, or other political
subdivisions of the state who serve as noncommercial pesticide applicators in the
categories of vector control, rodent control, sanitation, and demonstration and research.
¤267.2. Definitions.
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Act - Texas Pesticide Control Act, Texas Agriculture Code, Chapter 76.
(2) Administrator - The department employee designated as the administrator of
licensure activities authorized by the Act.
(3) Applicant - A person who applies for licensure under the Act.
(4) Commissioner - The Texas Commissioner of Health, or his designee.
(5) Department - Texas Department of Health.
(6) EPA - United States Environmental Protection Agency.
(7) FAA - Federal Aviation Administration.
(8) General-use-pesticide - Any pesticide product whose use is not restricted or
limited by the United States Environmental Protection Agency or the Texas Department
of Agriculture.
(9) Health-related pest control - The inspection and/or control of pests to
prevent the possible and/or probable transmission of vector-borne disease to or between
humans.
(10) Label - The written, printed, or graphic matter on or attached to a pesticide
or device or any of its containers or wrappers.
(11) Labeling - A label or any other written, printed, or graphic matter:
(A) accompanying the pesticide at any time; or
(B) to which reference is made on a label or in literature
accompanying or referring to a pesticide.
(12) Licensed pesticide applicator - An employee of the United States
Government, state, county, city, mosquito control district, or political subdivision of
the state who is licensed by the Texas Department of Health as a noncommercial
pesticide applicator in accordance with the provisions of the Texas Pesticide Laws,
Texas Agriculture Code, Chapter 76, and the rules promulgated thereunder, in the
categories of:
(A) vector control;
(B) rodent control;
(C) sanitation; and
(D) demonstration and research.
(13) Restricted-use-pesticide - Any pesticide product classified for restricted or
limited use by the Administrator of the United States Environmental Protection Agency.
(14) State-limited-use pesticide - Any pesticide product classified for restricted or
limited use by the Texas Commissioner of Agriculture.
(15) Seasonal employee - An individual hired for peak mosquito control periods
who acts under the direct supervision of a department licensed pesticide applicator in
the vector control category.
¤267.3. Fees
(a) The schedule of fees is as follows:
(1) application fee-$10;
(2) category examination fee-$50;
(3) category reexamination fee-$50
(4) category license fee-$125;
(5) category license renewal fee-$125;
(6) late fee-$25;
(7) license and/or identification card replacement fee-$25; and
(8) continuing education course review fee-$25 per course.
(b) All fees are non-refundable.
(c) All fees shall be submitted in the form of certified checks for guaranteed
funds; money orders; or checks from state agencies, municipalities, counties or other
political subdivisions of the state made payable to the department.
¤267.4. Application Procedures.
(a) Purpose. The purpose of this section is to establish the requirements for an
application and the procedures for licensing as a noncommercial pesticide applicator.
(b) General.
(1) Unless otherwise indicated, an applicant must submit all required
information on official department forms.
(2) The department must receive the application at least 45 days prior to the
date the applicant wishes to take the examination(s).
(3) The fees must accompany the application form. The department will not
review an application until the applicant pays the application and examination fees.
(4) Failure to complete or correct an application within 30 days of a notice
of deficiency will result in the application being denied.
(5) An application is not considered complete until the required
examination(s) have been successfully completed by the applicant.
(c) General application material. The completed application must contain the
following:
(1) specific information regarding personal data; social security number
(used to coordinate licensing information with the Texas Department of Agriculture and
the Structural Pest Control Board of Texas); place of employment; license suspensions,
revocations, denials; and felony convictions;
(2) the date of the application;
(3) a statement that the applicant shall return to the department any licensing
certificate and identification card upon the revocation or suspension of the certification;
(4) a statement that the applicant understands that all fees are nonrefundable
unless the processing time is exceeded without good cause as set out in ¤267.17 of this
title (relating to Processing Applications);
(5) a statement that the information in the application is truthful and that the
applicant understands that providing false and misleading information material to
determine the applicant's qualifications may result in the denial of the application, the
denial of the license, or the revocation of any license issued; and
(6) an original, dated signature of the applicant.
¤267.5. Authorized Pesticide Users.
(a) A governmental employee involved in health-related pest control may not
apply pesticides unless the employee:
(1) is licensed as a noncommercial pesticide applicator by the
department and authorized by the license to use the pesticides in the license use
categories covering the proposed pesticide use;
(2) is an aerial applicator involved in health-related pest control licensed
by the department in the category in which the pesticide application is made; or
(3) is a seasonal employee in a mosquito control program and who
works under the direct personal supervision of a department licensed pesticide
applicator in the vector control category. The licensed pesticide applicator shall
confirm the seasonal employee has received training in methods of determining
equipment calibration and droplet sizing and the proper equipment calibration and
droplet size is used by the seasonal employee. Equipment should be calibrated prior to
initial use each season, then four months after initial calibration for the same season,
and after every time maintenance effecting calibration or droplet size is performed on
the equipment. The licensed pesticide applicator shall certify that the seasonal
employee:
(A) has received training in the required laws and regulations;
(B) has read and understood the label of the product being used
at that time;
(C) uses application equipment correctly in accordance with
owner's manual instructions;
(D) is familiar with appropriate safety and clean up procedures;
and
(E) uses the pesticide selected by the licensed pesticide
applicator; and
(b) Seasonal employee training shall be documented in writing and signed and
dated by the licensed pesticide applicator and the seasonal employee and maintained in
the main office of the vector control program. Seasonal employee training shall
include:
(1) the completion of at least 12 hours of technical classroom training
immediately after employment;
(2) the completion of at least 24 hours on-the-job training while under
the personal direct supervision of the licensed pesticide applicator; and
(3) the completion of an additional six hours of technical classroom
training within five weeks after the 24 hours of on-the-job training.
(c) Licensed pesticide applicators must ensure a copy of the label of the
pesticide being used, along with soap, water and disposable towels are in the vehicle
used during applications. The vehicle's hazard flashers and flashing beacon, if so
accessorized, must be turned on during applications.
¤267.6. Enforcement. In addition to the enforcement powers of the commissioner
found in the Texas Pesticide Laws, Texas Agriculture Code, Chapter 76, Subchapter
G, and related statutory provisions, the commissioner or his authorized agent may enter
the premises of a governmental entity during normal business hours to:
(1) examine records;
(2) inspect any apparatus subject to the Act;
(3) inspect pesticide packaging, labels, and labeling information for
compliance with the Act; and
(4) to ensure compliance with this chapter.
¤267.7. Applicator Certification.
(a) The department shall license noncommercial pesticide applicators involved
in health-related pest control in the following categories:
(1) vector control;
(2) rodent control;
(3) sanitation; and
(4) demonstration and research.
(b) The department may enter into a memorandum of agreement with another
state or federal agency for reciprocity in the licensure of a pesticide applicator if
standards meet or exceed department standards including annual continuing education
requirements.
(c) Demonstration and research pest control licenses may be issued for any
category listed in subsection (a)(1)-(3) of this section.
(d) Noncommercial pesticide applicator licenses shall be issued only to persons
who have qualified in the license use categories for which the license is requested.
(e) The licensed pesticide applicator shall give written notice to the department
of any change of address or employment.
(f) All testing conducted by the department under the authority of the Texas
Pesticide Law, Texas Agriculture Code, Chapter 76, and related statutory provisions,
shall be designed to cover the information necessary to demonstrate competency to use
restricted-use, state-limited-use and general-use pesticides in a safe and effective
manner. Anyone who makes a passing score on the general pesticide applicator
examination and on the appropriate categorical exam(s) will be eligible to be a licensed
pesticide applicator in those categories for which a passing score was
received and shall be licensed as soon as all other licensing requirements are met.
¤267.8. Noncommercial Pesticide Applicator Recertification.
(a) Each noncommercial pesticide applicator licensed by the department must
meet the recertification requirements set out in this section.
(b) Department approved continuing education activities for recertification
include the following:
(1) lectures;
(2) panel discussions;
(3) video or film presentations with live instruction;
(4) field demonstrations; or
(5) other activities approved by the department.
(c) Only continuing education activities approved by the department may serve
as a basis for recertification. All accredited training courses approved by the Texas
Department of Agriculture, the Structural Pest Control Board of Texas, and the Texas
Agricultural Extension Service will be accepted by the department.
(d) Prior accreditation shall not be required for recertification courses conducted
by Texas Agricultural Extension Service and department employees, provided all other
requirements for course content and records are met.
(e) Continuing education activities shall meet the following criteria if they are to
be approved for continuing education credit:
(1) the activity must have significant educational or practical content to
maintain appropriate levels of competency;
(2) the activity must be conducted by a university, a governmental
agency, an association with a membership of 25 or more persons, or a commercial
education business;
(3) the activity must have a record keeping procedure provided by the
sponsor which includes a register of who took the course and the credit hours earned;
(4) the activity must include procedures for verifying participants'
attendance as well as comprehension of subject matter presented. These procedures
may include, but are not limited to, examinations, post-activity questionnaires, field
demonstrations, in-class workbooks or handout materials, and/or question and answer
periods to assure participant understanding of the subject matter;
(5) the activity must be at least one hour in length of net actual
instruction time. Round table discussions and more than one speaker for the total of
one hour per activity is permitted. No credit will be given for time used to promote the
sponsor or other nonrelevant activities. Each credit shall be assigned to the general or
category requirements;
(6) the activity must address one or more of the following:
(A) label and labeling comprehension of pesticides;
(B) safety considerations;
(C) environmental considerations;
(D) pest features;
(E) integrated pest management;
(F) pesticides;
(G) equipment maintenance, calibration and other characteristics;
(H) application techniques;
(I) laws and regulations; or
(J) other presentations approved by the department; and
(7) the conductor of the activity must certify the activity complies with
all applicable federal and state laws, including the American with Disabilities Act (ADA)
requirements for access to activities.
(f) To obtain department accreditation for a recertification activity, the sponsor
must submit:
(1) a completed department-provided application form which includes
name,
address, and phone number of the sponsor and any other appropriate contact person;
(2) a course outline including the time scheduled for each topic to be
covered, and a description of course content;
(3) the names, addresses, and phone numbers of the instructors, and
their credentials;
(4) the dates, times, and geographic locations of each activity;
(5) any additional information or material relevant to the activity which
is requested by the department; and
(6) the application and information must be received by the department
at least 90 days in advance of the first date of the activity. The department may waive
the 90-day provision providing all other requirements are met.
(g) The department shall approve, reject, or request additional information
within 30 days of receipt of the application.
(h) Each department approved continuing education activity shall be accredited
for three years from date of approval. Sponsors who wish to continue accreditation
must file for renewal 90 days prior to the end of the three year-period on a form
provided by the department, which, in addition to the items listed in subsection (f) of
this section, shall include:
(1) the sponsor's name and phone number;
(2) the name of activity and any changes in the activity; and
(3) any changes in the courses or the instructors and their credentials.
(i) Department personnel may monitor all accredited activities, and all fees
charged by the sponsor shall be waived for department personnel who monitor the
recertification activity.
(j) Each licensed pesticide applicator must obtain at least three continuing
education units annually. A minimum of one hour must be obtained in general training
and a minimum of one hour must be obtained in each category in which the applicator is
licensed. One continuing education unit must be in integrated pest management and
may serve as general or category specific continuing education.
(k) Any person who is issued an initial license on or after September 1 in any
year and
has not been licensed at any time during the preceding nine months shall begin annual
recertification requirements the following year and will not be required to obtain any
credits between September 1 and December 31 of that year. If credits are obtained
during that period, they may be applied to the following year's requirements.
(l) Documentation of continuing education activity shall include the following:
(1) name, address, phone number, license number, social security
number (used to coordinate licensing information with the Texas Department of
Agriculture and the Structural Pest Control Board of Texas), and signature of the
department licensed noncommercial pesticide applicator on a department activity roster
form or on a department approved activity roster form;
(2) sponsors of accredited continuing education activities shall:
(A) at the conclusion of the activity distribute to those applicators
who have successfully completed the activity a certificate of completion which shall
include the name of the sponsor, the date and name of the activity, and the credit hours
earned;
(B) maintain a roster on department provided forms or in an
approved format. A copy of the roster and a report of the continuing education activity
must be forwarded to the department within 14 days after the completion of an activity;
and
(C) each licensed pesticide applicator shall collect and keep
certificates of completion of accredited courses. These certificates of completion will be
used to document applicator attendance at accredited courses. The department will
conduct random audits to achieve compliance with this requirement.
(m) Continuing education instructors must have one of the following credentials:
(1) Board Certified Entomologist;
(2) Bachelors of Science in entomology;
(3) teaching or work experience determined by the department to be
sufficient;
(4) licensure as a certified applicator by the department, Texas
Department of Agriculture or the Structural Pest Control Board of Texas;
(5) instructors at the Texas Agricultural Extension Service; or
(6) department personnel.
(n) A licensed pesticide applicator may seek credit for a continuing education
activity that has not been submitted by the sponsor to the department (and the
department will assign the number of credits for the activity) where:
(1) the activity is held by an out-of-state sponsor and the following
criteria are met:
(A) the activity contains course content equal to or exceeding
Texas standards;
(B) the activity is sponsored by an institution of higher
education, a regional association, a national association, or the state or federal
government;
(C) the activity content is described, including the time allotted to
each aspect of the activity, identification of sponsor, instructor's qualifications,
instructors name and address, proof of attendance, date, time, and place of the activity;
and
(D) the information required in subparagraphs (A)-(C) of this
paragraph is submitted to the department within 30 days after completion of the activity.
(2) the activity is a course approved by a university, college, or other
institution of higher education for credit and is in an area directly related to the activities
of noncommercial applicators, and the following criteria are met:
(A) the licensed applicator provides the department with
sufficient information describing activity content including the time allotted to each
aspect of the activity, identification of sponsor, instructors name and address, proof of
attendance, date, time, and place of activity; and
(B) the information required in subparagraph (A) of this
paragraph is submitted to the department within 30 days after completion of the activity.
(o) Failure to comply with the annual continuing education requirements for the
noncommercial pesticide applicator license issued by the department will:
(1) result in denial of an applicator's renewal license or certification until
the necessary credits for continuing education are successfully completed; and
(2) require the applicator to take and pass the department examination
with a score of 70% or better for general knowledge and for each category in which the
applicator seeks certification, if the applicator does not relicense or recertify within one
year after the original license expired.
(p) The department may deny, revoke, or refuse to renew accreditation for any
or all courses of a sponsor if the sponsor fails to file a timely activity report, fails to
provide or maintain the quality of activity approved by the department, or fails to
comply with any other requirements that are a basis for accreditation or that are a part of
this chapter.
(q) A licensed pesticide applicator or sponsor may file a written request for an
extension of time for compliance with any deadline in this chapter. Such request for
extension, not to exceed 30 days, shall be granted by the department if the applicator or
sponsor files appropriate documentation to show good cause for failure to comply
timely with the requirements of this subsection. Good cause includes, but is not limited
to, extended illness, extended medical disability, or other extraordinary hardship which
is beyond the control of the person seeking the extension.
¤267.9. Expiration and Renewal of Licenses.
(a) A licensed pesticide applicator who fails to comply with the annual renewal
requirements will not have his or her license renewed until a complete renewal
application is received including required continuing education units.
(b) Each noncommercial pesticide applicator license expires on the last day of
February of the year following the year in which it was issued. A complete application
for renewal of a noncommercial applicator license must be filed with the department by
the last day of January of the year following the year in which the license was issued.
A person who fails to apply for renewal of a license on or before the expiration date
must pay, in addition to the renewal fee, a late fee of $25.
(c) Failure to file a timely and complete application for renewal by the license
expiration date may subject the applicator to re-test for general pesticide and category
specific knowledge. Applications of pesticides by any noncommercial pesticide
applicator after the expiration date of the license and when a complete application has
not been filed with the department may subject the applicator to penalties and could
result in the department's refusal to issue a license for the rest of the licensing year.
(d) If a complete application for renewal of a noncommercial pesticide
applicator license is not submitted within one year after the expiration of the license, the
license will be deemed to be voluntarily terminated. To reapply for licensure as a
noncommercial pesticide applicator, the applicant must meet the requirements for a new
license, including testing and any training or continuing education needed at the time of
the new application.
(e) Pursuant to the Texas Pesticide Law, Texas Agriculture Code, ¤76.113,
and related statutory provisions, the department may determine that additional training
shall be required of current licensees and may consider changes in technology,
pesticide-related problems, or the performance of individual applicators in reaching
such a determination. If general retraining and/or retesting is required for all applicators
in a category, the department will notify all licensees at least six months in advance of
the license renewal date. If individual retraining and/or retesting is required as a result
of the applicator's performance, the department will give at least 60 days notice and set
a time and place of retraining.
¤267.10. Operating without a License. A governmental employed noncommercial
pesticide applicator involved in health-related pest control who operates without a
current, valid license from the department is subject to administrative penalties as found
in ¤267.14 of this chapter.
¤267.11. Records.
(a) Records of all pesticide uses by licensed pesticide applicators are required
under provisions of the Texas Pesticide Law, Texas Agriculture Code, ¤76.114, and
related statutory provisions and shall, at a minimum, include the following:
(1) the date and time of day each application was started;
(2) the name of the person or entity for whom the application was made;
(3) the location where the application was made (streets, subdivisions,
flight grids or addresses);
(4) the pesticide applied, including:
(A) product name;
(B) EPA registration number;
(C) rate of application; and
(D) total volume of product applied.
(5) the name(s) of the pest(s) for which the pesticide was applied;
(6) the purpose of the application (for example: to control pests of public health importance);
(7) wind direction and velocity and air temperature;
(8) the FAA "N" number of aerial application equipment or the vehicle
license number of ground equipment, or spray unit number; and
(9) the name of the applicator and his certified pesticide applicator
number or, in the case of a seasonal employee in mosquito control programs, the name
and certified pesticide applicator number whose license the individual is working under,
and the seasonal employee's name.
(b) The record of each pesticide application, including calibration and droplet
size, shall be kept current and maintained at the applicator's principal place of business
as designated on the applicator's application or renewal for a pesticide applicator's
license. The record for each application, including calibration and droplet size, shall
contain all of the information required in subsection (a) of this section. The licensee
shall make these records available for inspection by the regulatory agency upon request.
The department may examine these records at any time during normal business hours,
or, by written request, require the licensee to submit a copy of these records. Records
must be kept by the licensee for a period of five years.
¤267.12. Inspection of Equipment. All application equipment used by noncommercial
applicators licensed by the department is subject to inspection by a department inspector
at any reasonable time. Such equipment must be maintained in a condition that will
provide safe and proper application of the pesticide. If the inspector finds that it is not,
the inspector shall require the needed repairs or adjustments be made before allowing
the use of such equipment.
¤267.13. Complaint Investigation.
(a) Filing of complaints.
(1) Any person may complain to the department alleging a violation of
this chapter.
(2) A person wishing to file a complaint against a governmental entity,
licensee, seasonal employee, or another person shall notify the department. The initial
notification of a complaint may be in writing, by telephone, or by personal visit to the
administrative office. The mailing address is Texas Department of Health, General
Sanitation Division, Vector Control Branch, 1100 West 49th Street, Austin, Texas
78756-3199, (512) 834-6635.
(3) Anonymous complaints will be investigated by the department.
(b) Investigation of complaints.
(1) The department will conduct an initial investigation. The department
will prepare a written report. This report will be made available to concerned parties on
written request.
(2) If the department determines that the complaint does not come within
the department's jurisdiction, the inspector shall advise the complainant and, if
possible, refer the complaint to the appropriate governmental agency for handling such
a complaint.
(3) If the complaint is found to be valid, the department will issue a
notice of violation against the accused and an administrative penalty may be proposed.
¤267.14. Administrative Penalty.
(a) If a person violates a provision of the Texas Pesticide Law, Texas
Agriculture Code, Chapter 76, and related statutory provisions administered by the
department or a rule or order adopted by the department, the department may assess an
administrative penalty against the person as provided by this section.
(b) The penalty may be in any amount not to exceed $4,000 for all violations
related to a single incident.
(c) In determining the amount of the penalty, the department shall consider:
(1) the seriousness of the violations, including, but not limited to, the
nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or
potential hazard created to the health or safety of the public;
(2) the economic damage to property or the environment caused by the
violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) good faith efforts to correct the violations; and
(6) any other matter that justice may require.
(d) If, after investigation, the department determines that a violation has
occurred, the department may issue a Notice of Violation stating the basis for the
conclusion that a violation occurred, and may also propose an administrative penalty in
consideration of the factors set forth in subsection (c) of this section. The person to
whom the notice is sent shall have the opportunity to contest the facts stated in the
notice, the amount of the proposed penalty, or both.
(e) Not later than the 20th day after the date on which the notice is received, the
person noticed may either accept the determination of the department made under
subsection (d) of this section, including the recommended penalty; or may make a
written request for an informal settlement conference; or may make a written request for
a formal hearing on the determination. If no request for a settlement conference or
hearing is received within the 20 days, the commissioner may enter an order finding
that the violation(s) occurred and may assess an administrative penalty.
(f) If the person noticed with the violation accepts the determination of the
department, the commissioner shall issue an order finding the violation(s) and ordering
the payment of the recommended penalty.
(g) If the person noticed requests an informal settlement conference, the
department shall schedule it as soon as practicable. Informal settlement conferences
may be in person in Austin or by telephone conference. If an agreement is reached at
an informal conference, the commissioner shall issue an order reflecting the agreement.
If no agreement is reached at an informal settlement conference, the person noticed may
request a formal hearing at the conclusion of the conference. If no agreement is reached
at the informal settlement conference and the person noticed fails to request a formal
hearing, the commissioner may issue an order finding the violation(s) and ordering the
payment of the recommended penalty.
(h) If the person noticed requests a hearing, the hearing shall be held by a
hearing examiner designated by the department. The hearing examiner shall promptly
issue to the commissioner a proposal for decision as to the occurrence of the violation,
including recommendation as to the amount of the proposed penalty if a penalty is
warranted. Based on the recommendations of the hearing examiner, the commissioner
by order may find a violation has occurred and may assess a penalty or may find that no
violation has occurred. All proceedings under this subsection are subject to the
Administrative Procedure Act and Government Code, Chapter 2001.
(i) The department shall mail a copy of the commissioner's order to the person.
¤267.15. Use Inconsistent with Label Directions. It is a violation of this chapter for
any person to use or cause to be used a pesticide in a manner inconsistent with its label
or labeling. Use inconsistent with the label includes, but is not limited to:
(1) applications at sites, rates, concentrations, intervals, or under
conditions not specified in the labeled directions;
(2) using application techniques or equipment prohibited by the label;
(3) failure to observe worker protection requirements; and
(4) improper storage or disposal of the pesticide or its container.
¤267.16. Supervision. A licensed pesticide applicator is not required to be physically
present at the time and place of a pesticide application to exercise direct supervision, but
a licensed pesticide applicator must always be available when and if needed. The
licensed pesticide applicator is responsible for any person working under the licensee's
direct supervision. All licensed pesticide applicators are responsible for assuring that
any person working under the licensee's direct supervision is knowledgeable of the
label requirements and rules governing the application of the particular pesticide being
used by the individual and all requirements for seasonal employees established in
¤267.5 of this chapter.
¤267.17. Processing Applications.
(a) Time periods. The department shall comply with the following procedures in
processing applications for licensure and licensure renewal.
(1) The following periods of time shall apply from the date of receipt of an
initial application or a renewal application until the date of issuance of a written notice
that the application is complete and accepted for filing or that the application is deficient
and additional specific information is required. A written notice stating that the
application has been approved may be sent in lieu of the notice of acceptance of a
complete application. The time periods are as follows:
(A) letter of acceptance of application for licensing as a licensed
pesticide applicator - 30 working days; and
(B) letter of application deficiency or letter of application renewal
deficiency - 30 working days.
(2) The following periods of time shall apply from the receipt of the last
item necessary to complete the initial application or renewal application until the date of
issuance of written notice approving or denying the application. The time periods for
denial include notification of the proposed decision and of the opportunity, if required,
to show compliance with the law and of the opportunity for a formal hearing. The time
periods are as follows:
(A) letter of approval for examination - 30 working days;
(B) initial letter of approval for licensure - 30 working days;
(C) letter of denial of licensure - 30 working days; and
(D) issuance of initial license or renewal license - 30 working days.
(b) Reimbursement of fees.
(1) In the event an application is not processed in the time periods stated in
subsection (a) of this section, the applicant has the right to request reimbursement of all
fees paid in that particular application process. Application for reimbursement shall be
made to the administrator. If the administrator does not agree that the time period has
been violated or finds that good cause existed for exceeding the time period, the request
will be denied.
(2) Good cause for exceeding the time period is considered to exist if the
number of applications for registration and registration renewal exceeds by 15% or
more the number of applications processed in the same calendar quarter the preceding
year; another public or private entity relied upon by the department in the application
process caused the delay; or any other condition exists giving the department good
cause for exceeding the time period.
(c) Appeal. If a request for reimbursement under subsection (b) of this section is
denied by the administrator, the applicant may appeal to the commissioner of the
department for a timely resolution of any dispute arising from a violation of the time
periods. The applicant shall give written notice to the commissioner at the address of
the department that he or she requests full reimbursement of all fees paid because his or
her application was not processed within the applicable time period. The
commissioner shall provide written notice of the commissioner's decision to the
applicant and the administrator. An appeal shall be decided in the applicant's favor if
the applicable time period was exceeded and good cause was not established. If the
appeal is decided in favor of the applicant, full reimbursement of all fees paid in that
particular application process shall be made.
(d) Contested cases. The time periods for contested cases related to the denial of
registration or registration renewals are not included within the time periods stated in
subsection (a) of this section.
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