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Nonrenewal of Licenses

Licensing is defined as an agency process that include the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license.[i]

When the licensee makes an application for a renewal or for a new license in compliance with agency rules, a license with reference to an activity of a continuing nature will not expire until the application is finally determined by the agency.[ii] However, this will not be applicable if the application for renewal is deficient.

However, provisions of the Administrative Procedure Act that deals with withdrawal, suspension, revocation, and annulment will not cover nonrenewal of a designation after expiration of the period.  If an appeal arises from the renewal or refusal to renew a license under a statutory scheme that contemplates a continuous cycle of license renewals, then the expiry of a license will not moot a controversy.[iii]

[i] Bankers Life & Casualty Co. v. Callaway, 530 F.2d 625 (5th Cir. Fla. 1976)

[ii] 5 USCS § 558(c)

[iii] Harris County Bail Bond Bd. v. Blackwood, 41 S.W.3d 123 (Tex. 2001)

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