The commissioner must review a vacancy application for completeness and notify the applicant within set deadlines; if the application is incomplete, the applicant gets time to fix deficiencies, and the application can be dismissed without prejudice if it remains incomplete.
Sec. 51.177. PROCESSING VACANCY APPLICATION. (a) Not later than the 45th day after the date the commissioner accepts the duplicate copies as properly filed by the applicant as provided by Section 51.176(f), the commissioner shall: (1) determine whether the vacancy application is administratively complete; and (2) provide to the applicant the notice required by this section. (b) If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide written notice to the applicant that: (1) informs the applicant that the application is administratively complete; (2) states the application commencement date; and (3) states the amount of any deposit required under Section 51.178 and the date by which the applicant must pay the deposit. (c) If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall provide written notice to the applicant that: (1) informs the applicant that the application is not administratively complete; (2) provides a list of any deficiencies the applicant must resolve; and (3) states a reasonable period of not more than 30 days from the date of the notice to resolve any listed deficiencies. (d) Not later than the 30th day after the date provided under Subsection (c)(3) to resolve any deficiencies, the commissioner shall determine whether the vacancy application is administratively complete. If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide the notice required by Subsection (b). If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall: (1) dismiss the application without prejudice; and (2) provide written notice to the applicant informing the applicant that the application is not administratively complete and is dismissed without prejudice. Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005. Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 26, eff. June 19, 2009.