Texas § NR.133.048 - REVIEW OF APPLICATION

§ NR.133.048. REVIEW OF APPLICATION

REVIEW OF APPLICATION. (a) Not later than the 10th day after the day on which an application for a safety certificate is received, the department shall review the application and the plan and determine if each complies with this subchapter, and with rules or orders adopted under this subchapter, and issue such findings and conclusions as may be necessary. (b) If the application and plan comply with this subchapter, and rules or orders adopted under this subchapter, the department must approve the application and notify the applicant in writing of the department's decision. (c) If the department determines that an application or plan does not comply with this subchapter and rules or orders adopted under this subchapter, the department must notify the applicant in writing of the department's decision, specifying any defects. (d) Any notices required under Subsections (b) and (c) of this section must be mailed to the applicant certified mail, postage prepaid, return receipt requested, not later than the fifth day after the day on which the department approves or disapproves the application. (e) An applicant who receives notice of denial under Subsections (c) and (d) of this section may submit, not later than the 30th day after the day on which the notice is received, a modified application or plan. (f) Not later than the fifth day after the day on which the department receives a modified application or plan, the department must approve or deny the modified application or plan and notify the applicant in writing of the department's decision. (g) The department shall first review applications for sites that have been abandoned and that are within the setback distances. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 14.006, eff. September 1, 2025.