37 TAC §35.77
The Texas Department of Public Safety proposes new §35.77,
concerning Termination of Incomplete Applications. New §35.77 provides
a mechanism for the termination of incomplete applications within a definite
time period. Additionally, the new section provides a mechanism for the applicant
to request a hearing from the Private Security Board for the application to
be processed in the event the applicant is unable to provide the necessary
information to complete the application.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be a timely manner for the Private Security Bureau
to terminate an incomplete application or allow an applicant the opportunity
to have a hearing before the Private Security Board, if the applicant is not
able to provide the required information, to determine if the application
may proceed without the complete information. There is no anticipated adverse
economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Cliff Grumbles, Manager, Private
Security Bureau, P.O. Box 4143, MSC-0241, Austin, Texas 78765-4143, (512)
424-7711.
The new section is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Occupations Code, Chapter
1702.
Texas Government Code, §411.004(3) and Texas Occupations Code, Chapter
1702 are affected by this proposal.
§35.77.Termination of Incomplete Applications.
(a)
Applications must be complete and legible. If an application
is not legible or not complete, the bureau will notify the applicant of any
apparent deficiency. The applicant will have 90 days from the date of notice
to amend the application or provide complete information. Upon request of
the applicant, the bureau may extend the period to amend the application for
one additional 90-day period. If the applicant is unable to provide information
needed to complete the application, the applicant may request a hearing before
the board to determine whether the application may proceed without complete
information. After the period to amend has expired, if the applicant has not
provided the required information or requested a hearing on the application,
the application process will be terminated. An application will not be terminated
while a hearing request under this section is pending.
(b)
If an applicant fails to provide all required application
materials, or fails to respond to a request by the bureau for additional information
necessary to process the application, the application will be terminated under
the process set out in subsection (a) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 13, 2005.
TRD-200502384
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 424-2135