| (a) Purpose. The purpose of this section is to set out the
time periods by which the Texas Department of Health (department) processes
applications for emergency medical services (EMS) provider licenses and EMS
personnel certification and licensure.
(b) First time period. The first period is a time from the
date of receipt of an application to the date of issuance of a written notice
that the application is complete or that additional specific information is
required. An appointment for the survey of an EMS provider may be in lieu
of the notice of acceptance of a complete application. The time periods for
each application are as follows.
(1) EMS provider licenses. The time periods are 21 days for
the letter of deficiency and 45 days after completing licensure requirements
for the issuance of the EMS provider license.
(2) EMS personnel certificates or licenses. The time periods
are 21 days for the letter of deficiency and 45 days after testing for the
issuance of EMS personnel certificate or license.
(c) Second time period. The second period is a time from the
date of receipt of the last item necessary to complete the application, including
survey or testing, to the date of issuance of written notice approving or
denying the application. The denial time periods include notification of the
proposed decision and the opportunity for an informal or formal hearing. The
time periods for each application are as follows.
(1) EMS provider license.
(A) The time period for the initial letter of approval for
a license is 45 days.
(B) The time period for the letter of denial for a license
is 120 days. The time period includes the applicant requests for a variance
from minimum standards and the review necessary for this request.
(C) The time period for the issuance of a license is 45 days.
(2) EMS personnel certificates or licenses.
(A) The time period for the letter of approval for an examination
is 45 days.
(B) The time period for the letter of denial for an examination
is 180 days. This time limit reflects the applicant being investigated for
acceptance for examination based on a criminal conviction or statutory action
under the Health and Safety Code, Chapter 773 and rules adopted thereunder.
(C) The time period for the issuance of a certificate or license
is 45 days.
(d) Reimbursement of fees.
(1) In the event the application is not processed in the time
periods as stated in subsections (b) and (c) of this section, the applicant
has the right to request of the bureau chief of the Bureau of Emergency Management,
full reimbursement of all filing fees paid in that particular application
process. If the bureau chief does not agree that the established periods have
been violated or finds that good cause existed for exceeding the established
periods, the request will be denied.
(2) Good cause for exceeding the period established is
considered to exist if:
(A) the number of applications for licenses, registrations,
certifications, and permits as appropriate to be processed exceeds by 15%
or more the number processed in the same calendar quarter the preceding year;
(B) another public or private entity utilized in the application
process caused the delay; or
(C) other conditions existed giving good cause for exceeding
the established periods.
(e) Appeal. If the request for full reimbursement authorized
by subsection (d) of this section is denied, the applicant may then appeal
to the commissioner of health for a resolution of the dispute. The applicant
shall give written notice to the commissioner that he requests full reimbursement
of all filing fees paid because his application was not processed within the
adopted time period. The bureau chief shall submit a written report of the
facts related to the processing of the application and good cause for exceeding
the established time periods. The commissioner will make the final decision
and provide written notification of his decision to the applicant and the
bureau chief.
(f) Contested case hearing. If at any time during the processing
of the application during the second time period, a contested case hearing
becomes involved, the time periods in §1.34 of this title (relating to
Time Periods for Conducting Contested Case Hearing) are applicable.
(g) Application for EMS provider license by a corporation.
An applicant for an EMS provider license who is a corporation under the Texas
Business Corporation Act, Texas Civil Statutes, Article 2.45, shall provide
the department with an affidavit issued by the comptroller's office attesting
to the applicant's good standing under the Tax Code, Texas Codes Annotated,
Chapter 171; and shall comply with department requirements regarding payment
of franchise taxes by corporations contracting with the department or applying
for a license from the department as described in §1.161 of this title
(relating to Delinquent Corporate Franchise Taxes).
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