Rule 74.3 – Repeal –Annual Renewal
Wednesday, September 17, 2014 09:35 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) On or before the designated renewal date each year, a registered facility shall renew its certificate of registration, by submitting:

  (1) a facility renewal form as prescribed by the board;

  (2) complete information as required on the form, including changes in information since the original application or last renewal; 

  (3) for a facility that is not owned by a licensee, the following additional information shall be submitted:

     (A) the hours of operation for each clinic;

     (B) the names and working hours at each clinic for each licensed chiropractor; and

     (C) the names and working hours at each clinic for all other personnel; and

  (4) the facility registration fee as provided in §75.7 of this title (relating to Fees and Charges for Public Information).

(b) A facility registration expires on: 

  (1) the first day of the owner's birth month if solely owned by a licensed chiropractor;

  (2) the first day of the majority owner's birth month, if owned by more than one licensed chiropractor. If a facility is owned equally by more than one licensed chiropractor, the facility registration expires on the first day of the birth month of the owner listed first on the facility application; or

  (3) September 1 if owned by a corporation or someone other than a licensed chiropractor.

(c) If a facility's certificate of registration has expired, the facility may renew its registration by submitting to the board all of the items required by subsection (a) of this section and a late fee of $50.00; if the facility's certificate of registration has expired for more than 90 days, a late fee of $100.00 must be submitted.

(d) A facility owner that fails to renew the facility's registration on or before the expiration date may also be subject to an administrative penalty and other disciplinary sanctions as provided in §74.9 of this title (relating to Disciplinary Action).

(e) If a facility's certificate of registration has been expired for more than one year, the Board may close the facility's file.

(f) A facility shall not provide chiropractic services without a current certificate of registration. Operating a facility with an expired certificate of registration constitutes operating a facility without a certificate of registration.

(g) The board shall not renew a facility registration of sole proprietor or partnership if the sole proprietor or a partner is in default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation (TGSLC) or a repayment agreement with the corporation except as provided by §73.2(c) of this title (relating to Renewal of License). The board may refuse to renew a facility registration of a sole proprietor or partnership if it receives information from an administering entity that the registrant, including a partner, has defaulted on a student loan other than a TGSLC loan, or breached a repayment contract relating to a student loan other than a TGSLC loan or a scholarship contract by failing to perform his or her service obligation under the contract. The board may rescind a denial of renewal under this subsection upon receipt of information from an administering entity that the registrant whose renewal was denied is now in good standing, as provided in §71.3(b) of this title (relating to Qualifications of Applicants). Upon notice that a registrant is again in default or breach of any loan or agreement relating to a student loan or scholarship agreement, the board may suspend the registration or take other disciplinary action as provided in §80.2 of this title (relating to Default on Student Loans and Scholarship Agreements).

(h) Opportunity for hearing: 

  (1) the board shall notify a registrant, in writing, of the nonrenewal of a registration under subsection (g) of this section and of the opportunity for a hearing under paragraph (2) of this subsection prior to or at the time the annual renewal application is sent.

  (2) upon written request for a hearing by a registrant, the board shall set the matter for hearing before the State Office of Administrative Hearings in accordance with §75.9(d) of this title (relating to Complaint Procedures). A registrant shall file a request for a hearing with the board within 30 days from the date of receipt of the notice provided in paragraph (1) of this subsection. 

(i) A registration which is not renewed under subsection (g) of this section is considered expired.