Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 13 - REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)
Subchapter C - CLASSIFICATION, REGISTRATION, AND EXAMINATION
Section 13.71 - Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates
Universal Citation: 16 TX Admin Code ยง 13.71
Current through Reg. 49, No. 12; March 22, 2024
(a) The Commission may deny, suspend, or revoke a license, registration, or certificate for any person who fails to comply with this chapter.
(1) If AFS determines that an applicant for
license, manufacturer registration, certificate, or renewal has not met the
requirements of this chapter, AFS shall notify the applicant in writing of the
reasons for the proposed denial. In the case of an applicant for license,
manufacturer registration, or certificate, the notice shall advise the
applicant that the application may be resubmitted within 30 calendar days of
receipt of the denial with all cited deficiencies corrected, or, if the
applicant disagrees with AFS' determination, the applicant may request a
hearing in writing on the matter within 30 calendar days of receipt of the
notice of denial.
(2) If the
applicant resubmits the application within 30 days of receipt of the denial
with all deficiencies corrected, AFS shall issue the license, manufacturer
registration, certificate, or renewal as applicable.
(b) Hearing regarding denial of license, manufacturer registration, certificate, or associated renewals.
(1) An applicant receiving a notice of denial
may request a hearing to determine whether the applicant did comply in all
respects with the requirements for the license, registration, or certificate
sought. The request for hearing must be in writing, must refer to the specific
requirements the applicant claims were met, and must be received in the
Commission's Austin office within 30 days of the applicant's receipt of the
notification of denial.
(2) Upon
receipt of a request complying with paragraph (1) of this subsection, AFS shall
forward the request for a hearing to the Hearings Division for the purpose of
scheduling a hearing within 30 calendar days following the receipt of the
request for hearing to determine the applicant's compliance or noncompliance
with applicable requirements.
(3)
If, after hearing, the Commission finds the applicant's claim has been
supported, the Commission may issue an order approving the license,
manufacturer registration, or certificate and AFS shall issue the license,
manufacturer registration, certificate, or associated renewal if
applicable.
(4) If, after hearing,
the Commission finds that the applicant does not comply with the requirements
of this chapter, the Commission may issue an order denying the application or
renewal.
(c) Suspension and revocation of licenses, manufacturer registrations, or certificates.
(1) If AFS finds by means including, but not
limited to, inspection, review of required documents submitted, or complaint by
a member of the general public or any other person, a probable or actual
violation of or noncompliance with the Texas Natural Resources Code, Chapter
116, or this chapter, AFS shall notify the licensee, registered manufacturer,
or certificate holder of the alleged violation or noncompliance in
writing.
(2) The notice shall
specify the acts, omissions, or conduct constituting the alleged violation or
noncompliance and shall designate a date not less than 30 calendar days or more
than 45 calendar days after the licensee, registered manufacturer, or
certificate holder receives the notice by which the violation or noncompliance
must be corrected or discontinued. If AFS determines the violation or
noncompliance may pose imminent peril to the health, safety, or welfare of the
general public, AFS may notify the licensee, registered manufacturer, or
certificate holder orally with instruction to immediately cease the violation
or noncompliance. When oral notice is given, AFS shall follow it with written
notification no later than five business days after the oral
notification.
(3) The licensee,
registered manufacturer, or certificate holder shall either report the
correction or discontinuance of the violation or noncompliance within the time
frame specified in the notice or request an extension of time in which to
comply. The request for extension of the time to comply must be received by AFS
within the same time frame specified in the notice for correction or
discontinuance.
(d) Hearing regarding suspension or revocation of licenses, manufacturer registrations, and certificates .
(1) If a
licensee, registered manufacturer, or certificate holder disagrees with the
determination of AFS under this section, that licensee or certified individual
may request a public hearing on the matter to be conducted as specified in
Chapter 1 of this title (relating to Practice and Procedure). The request shall
be in writing, shall refer to the specific rules or statutes the person claims
were met, and shall be received by AFS within 30 calendar days of the person's
receipt of the notice of violation or noncompliance.
(2) AFS shall forward the request for hearing
to the Hearings Division..
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