Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989 Page: 4,462
4431-4491 p. ; 28 cm.View a full description of this periodical.
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meant of the reason for not accepting the
application for filing. A defective applica-
tion may be corrected and resubmitted for
filing at any time. For timely filed renewal
application, no notice will be issued for
filing, since the existing license or other
authorization remains In effect until the
director has made a final determination
of the application. The director shall de-
ternmlne whether to deny or Issue a ll-
cense or other authorization within 60
days after a complete application has
been filed.
(b) An applicant may appeal for
a timely resolution of any dispute arising
from a violation of a period set forth by
filing a written request addressed to the
director requesting review of the applica-
tion to determine whether the established
60-day period was exceeded for Issuance
or denial of a license or other authoriza-
tion listed therein. The director shall dis-
miss as untimely any such appeal filed
more than 30 days after the department
has notified the applicant that an appli-
cation has been approved or denied.
(c)[(b)] The responsibility for the
application lies with the applicant and the
fact that these forms for any reason are not
received does not relieve the applicant from
making timely application and paying his
fee.
(d)[(c)] Accepting an application
for filing has no bearing on whether the
application will be granted.
13.12. Certificate of Registration; Denial
of Registration.
(a) The director shall issue a certifi-
cate of registration, DPS Form NAR-79, to
an applicant if the issuance of registration
or reregistration is required under the appli-
cable provisions of the [Texas Controlled
Substances] Act, Subchapter C [3,]. In the
event that the issuance of registration or
reregistration is not required, the director
shall deny the application. Before denying
any application the director shall show
cause, in writing, to the applicant.
(b) (No change.)
13.13. Expiration Date for the Respective
Specialties or Business Activities.
(a)-(c) (No change.)
(d) August 31 [- pharmacy.]:
(1) pharmacy;
(2) pharmacy-long-term care
facility emergency kits;
(e) November 30:
(1) podiatrist, D.P.M;
(2) hospitals;
(3) researchers;
(4) analyst;dation;
terms.
(5) mental health/mental retar-
(6) teaching instiutes;
(7) manufacturer
(8) diutributors;[.]
(9) ambulatory surllcal cn-513.14. Fee [(Subject to Change)].
(a) (No change.)
(b) For each application for reregis-
tration to manufacture, distribute, analyze,
dispense, or conduct research of a con-
trolled substance, the registrant shall pay an
annual processing fee of $5.00.
(1) Practitioners licensed under
the laws of the'state to dispense any con-
trolled substances in Schedules II-V or con-
duct research with controlled substances in
Schedules II-V shall submit the annual reg-
istration fee of $5.00, with their application
for registration or reregistration directly to
the Registration Section. Narcotics Service,
Texas Department of Public Safety, P. 0.
Box 15999 [4087], Austin, Texas 78761-
'5999 [78773]. Payment shall be made in the
form of a certified or cashier's check, or
money order, payable to the Texas Depart-
ment of Public Safety. Payments made in
the form of stamps, foreign currency, or
third-party endorsed checks will not be ac-
cepted.
(2) Applications to manufacture,
distribute, or analyze controlled substances.
(A) Applicants to analyze
controlled substances in Schedules I-V shall
submit their annual registration fee of
$5.00, with their application for registration
or reregistration directly to the Registration
Section, Narcotics Service, Texas Depart-
ment of Public Safety, P. 0. Box 15999
[4087], Austin, Texas 78761-5999 [78773].
Payment shall be made in the form of a
certified or cashier's check, or money order,
payable to the Texas Department of Public
Safety. Payments made in the form of
stamps, foreign currency, or third-party en-
dorsed checks will not be accepted.
(B) Applicants to manufac-
ture or distribute coanuiled substances in
Schedules II-V shall submit their annual
registration fee of $5.00, with their applica
tion for registration or reregistration directly
to the Registration Section, Narcotics Ser-
vice, Texas Department of Public Safety, P.
0. Box 15999 [4087], Austin, Texas 78761-
5999 [78773). Payment shall be made in the
form of a certified or cashier's check, or
money order, payable te the Texas Depart-
ment of Public Safety. Payments made in
the form of stamps, foreign currency, or
third-party endorsed checks will not be ac-
cepted.(c) (No change.)
/13.16. Administrative Review-General-
bl. The directomayinspem c e atobe
inspected the establishment of an applicant
ao registrant pursuant to the [the Texas
Controlled Substances] Act, Subchapter F
[subchapter 5]. The director shall review the
application for registration and other infor-
mation gathered by the department regard-
ing the applicant in order to determine
whether the applicable standards of the
[Texas Controlled Substances] Act,
Subchapter C [3] have been met.
513.17. Grounds for Revocation and Sus-
pension.
(a) A registration to manufacture,
distribute, analyze, or dispense a controlled
substance may be suspended, denied, or
revoked in accordance with the [Texas Con-
trolled Substances] Act upon finding that
the registrant:
(1) has furnished false or fraud-
ulent material or information in any appli-
cation filed under the [Texas Controlled
Substances] Act;
(2) has been convicted of a fel-
ony [offense under any state or federal law
relating to any controlled substance or con-
victed of any other felony];
(3) has had his registration or
application for registration under the Fe-
deral Controlled Substances Act suspended,
denied, or revoked to manufacture, distrib-
ute, analyze, or dispense controlled sub-
stances;
(4) (No change.)
(5) has failed to establish and
maintain effective controls against diversion
of controlled substances into other than le-
gitimate medical, scientific, or industrial
channels, as provided by federal regulations
or laws now in effect or as set out in
applicable sections of this title relating to
security; [or]
(6) has willfully failed to main-
tain records required to be kept or has will-
fully or unreasonably refused to allow an
inspection authorized by the [Texas Con-
trolled Substances] Act, Subchapter (F) [51;
[.] or
(7) has violated a provision of
this Act or a rule adopted under this Act.
(b) (No change.)
(c) If a registration is suspended or
revoked, all controlled substances owned or
possessed by the registrant at the time of
suspension or the effective date of the revo-
cation order may be placed under seal. No
disposition may be made of substances un-
der seal until the time for taking an appeal
has elapsed or until all appeals have been
concluded unless a court, upon application
thereof, orders the sale of perishable sub-
stances and the deposit of the proceeds of14 TexReg 4462 September 1, 1989 Texas Register *
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Texas. Secretary of State. Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989, periodical, September 1, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216053/m1/32/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.