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 the rules in this chapter.
(1) If AFS determines that an applicant for
license, manufacturer registration, certificate, or renewal has not met the
requirements of the rules in 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
person that the application may be resubmitted within 30 calendar days of
receipt of the denial with all cited deficiencies corrected, or, if the person
disagrees with AFS' determination, that person may request in writing a hearing
on the matter within 30 calendar days of receipt of the notice of
denial.
(2) If a person resubmits
the application within 30 calendar 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 category license, registration, or
certificate sought. The request for hearing shall be in writing, shall refer to
the specific requirements the applicant claims were met, and shall be submitted
to AFS within 30 calendar 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 or 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
113, or the rules in 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
shall 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 shall request an extension of time in which to
comply. The request for extension of the time to comply shall 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.
If a licensee, registered manufacturer, or certificate
holder disagrees with the determination of AFS under this section, that person
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
to have complied with, and shall be received by AFS within 30 calendar days of
the person's receipt of the notice of violation or noncompliance. AFS shall
forward the request for hearing to the Hearings Division.