6.2

Lapse and reinstatement

What a lapsed license costs, and the point past which it cannot be renewed

Insurance Code § 6002.203 sorts a lapsed credential into three bands, and the arithmetic changes at each boundary. A holder of an UNEXPIRED certificate or license renews by paying the required renewal fee before the expiration date. One expired for 90 DAYS OR LESS renews by paying the required renewal fee plus a fee not exceeding one-fourth of the initial fee for that certificate or license. One expired for MORE THAN 90 DAYS BUT LESS THAN TWO YEARS renews by paying all unpaid renewal fees plus a fee not exceeding the initial fee. Notice what changes between the second and third bands: the late fee quadruples, and the renewal fees owed become all of them rather than the current one.

The third boundary is not a fee at all. An individual or organization whose registration certificate or license has been expired for TWO YEARS OR LONGER may not renew it. The credential is gone, and the only route back is to obtain a new one by complying with the requirements and procedures for an initial certificate or license — which means the whole of Chapter 5 again, including the qualifying test and, for a natural person, the fingerprint service code request that starts eligibility. Twenty-three months late is an expensive administrative problem. Twenty-five months late is a fresh application.

28 TAC § 34.614 puts figures against the first two bands, and they are the statutory formula worked out rather than a separate schedule: one-fourth of the initial fee is $30 for a license and $125 for a certificate of registration, and the initial fee itself is $120 and $500. So for a fire alarm license the renewal late fee is $30 where the credential has been expired 1 day to 90 days, and $120 where it has been expired 91 days to two years. For a certificate of registration it is $125 plus $37.50 for each branch office the firm operates in the first band, and $500 plus $150 for each branch office in the second. That per-branch multiplier is worth pausing on: a firm’s lapse is priced by how many offices it runs, so the cost of a missed renewal scales with the business in a way an individual’s never does. And the rule states plainly that fees for certificates and licenses expired for less than two years include BOTH renewal and late fees — the late fee is added to what was already owed, not charged instead of it.

One escape from the late fee exists and it is narrow. 28 TAC § 34.614 requires late fees of all certificate or license holders who fail to submit complete renewal applications before expiration, EXCEPT as provided in Insurance Code § 6002.203(g) — the deficiency grace that § 6.3 covers. Nothing else in the rule waives them, and Insurance Code § 6002.203 adds that none of this prevents the department from denying or refusing to renew a license under applicable law or commissioner rules. Paying the band is what makes a renewal possible, not what makes it certain.

Key terms

ReinstatementLate feeUnpaid renewal feesTwo-year cliffBranch office multiplier