Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013 Page: 9,223
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The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 9,
2013.
TRD-201305670
David D. Duncan
General Counsel
Texas Department of Motor Vehicles
Earliest possible date of adoption: January 19, 2014
For further information, please call: (512) 467-3853
SUBCHAPTER C. LICENSES, GENERALLY
43 TAC 215.83, 215.86
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code,
503.002; Transportation Code, 1002.001, and under Occupa-
tions Code, 2301.153 and 2301.155, which provide the Board
of the Texas Department of Motor Vehicles with the authority to
establish rules for the conduct of the work of the department;
under Occupations Code, 2301.602, which authorizes the
Board to adopt rules for the enforcement and implementation
of Occupations Code, Chapter 2301, Subchapter M; under
Occupations Code, 2301.703, which authorizes the depart-
ment to establish rules regarding mediation requirements in
contested cases under Transportation Code, Chapter 503, or
under Occupations Code, Chapter 2301; and under Occupa-
tions Code, 2301.713, which authorizes the Board to establish
rules regarding procedures to allow a party to a contested case
to file motions for rehearing.
CROSS REFERENCE TO STATUTE
Occupations Code, Chapter 55; Occupations Code, Chapter
2301; and Transportation Code, Chapter 503.
215.83. Renewal of Licenses.
(a) Prior to the expiration of its existing license, a licensee
must file with the department [division] a sufficient license renewal
application on a form approved by the department [divisi-on]. Failure
to receive notice of license expiration from the department does not re-
lieve the licensee from the responsibility to timely renew.
(b) A license renewal application received by the department
[division] is sufficient if:
(1) the renewal application form is completed by the li-
censee or authorized representative of the licensee who is an employee,
an unpaid agent, a licensed attorney, or certified public accountant;
(2) accompanied by the required license renewal applica-
tion fee payment; and
(3) accompanied by proof of a surety bond, if required.
(c) A license renewal application is timely filed if:
(1) the sufficient license renewal application is received by
the department [division] on or before the license expiration date; or
(2) a legible postmark on the envelope transmitting the li-
cense renewal application clearly indicates that the renewal application
was mailed on or before the license expiration date.(d) A timely and sufficient application shall be accepted for
processing. The department [division] will review the application and
make a final determination whether to approve or deny the application.
(e) A licensee that submits a timely and sufficient license re-
newal application may continue to operate under the expired license
until the renewal application is finally determined.
(f) A licensee that [whe] fails to file a timely and sufficient
license renewal application is not authorized to continue licensed ac-
tivities.
(g) License plates issued pursuant to Transportation Code,
Chapter 503, Subchapter C expire upon the date the associated license
expires or when a timely and sufficient license renewal application is
finally determined, whichever is later.
(h) A licensee may rebut a determination that a renewal
application was not timely or sufficient by submitting evidence to
the department [division] demonstrating the renewal application
was timely and sufficient. Such evidence must be received by the
department [divisi-on] within ten (10) calendar days of the date the
department [division] issues notice that a timely or sufficient license
renewal application was not received by the department [division].
(i) A late license renewal application may be filed up to 90
days after the license expiration date; however, the applicant is not au-
thorized to continue licensed activities after the license expiration date
until the department [division] approves the late renewal application.
If the renewal license is granted under this subsection, the licensing
period begins on the date the license is issued and the licensee may
resume licensed activities upon receipt of the department's division'ss]
written verification or the license.
(j) If the department [division] has not received a late license
renewal application within 90 days after the license expiration date,
the department [division] will close the license. The entity must apply
for and receive a new license before the entity is authorized to resume
activities requiring a license.
215.86. Processing of License Applications, Amendments, or Re-
newals.
(a) Any application submitted to the department for a new li-
cense, license amendment [ofa license], or license renewal [ofa license
issued by the division] must conform to the requirements [procedures
set out] in paragraphs (1) and (2) of this subsection.
(1) An application for a license, an amendment of a license,
or a renewal of license will be processed only if filed by:
(A) the applicant;
(B) the licensee; or
(C) an authorized representative of the applicant or li-
censee who is an employee, an unpaid agent, a licensed attorney, or
certified public accountant; and
(2) Application, amendment, or renewal fees paid by
check, credit or debit card, or electronic transfer, must be drawn from
an account held by the applicant, licensee, or from a trust account of
the applicant's attorney or certified public accountant.
(b) Information concerning the status of an application, appli-
cation deficiencies, or new license numbers will not be provided tele-
phonically to license purveyors.
(c) An authorized representative of the applicant or licensee
that files an application with the department [division] may be required
to provide written proof of authority to act on behalf of an applicant or
licensee.PROPOSED RULES December 20, 2013 38 TexReg 9223
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Texas. Secretary of State. Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013, periodical, December 20, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379981/m1/69/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.