Texas § OC.53.104 - DETERMINATION OF ELIGIBILITY

§ OC.53.104. DETERMINATION OF ELIGIBILITY

DETERMINATION OF ELIGIBILITY; LETTER. (a) If a licensing authority determines that a ground for ineligibility does not exist, the authority shall notify the requestor in writing of the authority's determination on each ground of potential ineligibility. (b) If a licensing authority determines that the requestor is ineligible for a license, the licensing authority shall issue a letter setting out each basis for potential ineligibility, including any factor considered under Section 53.022 or 53.023 that served as the basis for potential ineligibility, and the authority's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the licensing authority at the time the letter is issued, the authority's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter. (c) A licensing authority must provide notice under Subsection (a) or issue a letter under Subsection (b) not later than the 90th day after the date the authority receives the request. Added by Acts 2009, 81st Leg., R.S., Ch. 616 (H.B. 963 ), Sec. 1, eff. June 19, 2009. Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342 ), Sec. 11, eff. September 1, 2019.