Current through Reg. 49, No. 12; March 22, 2024
(a)
Except as provided by subsections (c) and (d) of this section, the Commission
may not approve an application for a license, an exemption, or a manufacturer
registration, or their associated renewals, under this chapter if the applicant
has violated a statute or Commission rule, order, license, permit, or
certificate that relates to safety. If has held a position of ownership or
control in another person during the seven years preceding the date on which
the application is filed and during that period of ownership or control the
other person violated a statute or Commission rule, order, license,
registration, permit, or certificate that relates to safety, then that
violation will be attributed to the applicant. Regardless of whether the
person's name appears or is required to appear on an application, a person
holds a position of ownership or control in an applicant if the person is:
(1) an officer, director, general partner,
sole owner, or trustee of, or the owner of at least 25 percent of the
beneficial interest in the applicant; or
(2) the applicant and has been determined by
a final judgment or final administrative order to have exerted actual control
over the applicant.
(b)
An applicant has committed a violation described by subsection (a) of this
section if:
(1) a final judgment or final
administrative order finding the violation has been entered against the
applicant and all appeals have been exhausted; or
(2) the Commission and the applicant have
entered into an agreed order relating to the alleged violation.
(c) Notwithstanding subsection (a)
of this section, the Commission shall approve an application for a license, an
exemption, or a manufacturer registration under this chapter if all of the
following conditions, if applicable, are met:
(1) the conditions that constituted the
violation have been corrected or are being corrected in accordance with a
schedule to which the Commission and the applicant have agreed;
(2) all administrative, civil, and criminal
penalties have been paid or are being paid in accordance with a payment
schedule to which the Commission and the applicant have agreed; and
(3) the application complies with all other
requirements of law and Commission rules.
(d) The Commission may issue a license,
exemption, or manufacturer registration to an applicant described by subsection
(a) of this section for a term specified by the Commission if the license,
exemption, or manufacturer registration is necessary to remedy a violation of
law or Commission rules.
(e) If the
Commission is prohibited by subsection (a) of this section from approving an
application for a license, an exemption, or a manufacturer registration, then
the Commission, after notice and opportunity for a hearing, by order may refuse
to renew or may revoke a license, an exemption, or a manufacturer registration
issued under this chapter.
(1) In determining
whether to refuse to renew or to revoke a person's license, exemption, or
manufacturer registration under this subsection, the Commission shall consider
the person's history of previous violations, the seriousness of previous
violations, any hazard to the health or safety of the public, and the
demonstrated good faith of the person.
(2) If the Commission issues a refusal or
revocation under this subsection, the Commission shall provide the applicant
with a written statement explaining the reason for the denial.
(3) An order issued under this subsection
must provide the applicant a reasonable period to comply with the judgment or
order finding the violation before the order takes effect.
(4) The Commission's refusal to renew or
revocation of a person's license, exemption, or manufacturer registration under
this subsection does not relieve the person of any existing or future duty
under law, rules, or license, or registration conditions.
(5) On refusal to renew or revocation of a
person's license, exemption, or manufacturer registration under this
subsection, the person may not perform any activities under the jurisdiction of
the Commission under this chapter, except as necessary to remedy a violation of
law or Commission rules and as authorized by the Commission under a license, an
exemption, or a manufacturer registration issued under subsection (d) of this
section.
(6) A fee tendered in
connection with an application that is denied under this section is
nonrefundable.
(7) The Commission
may not revoke or refuse to renew a license, an exemption, or a manufacturer
registration under this subsection if the Commission finds that the applicant,
licensee, registered manufacturer, or other registrant has fulfilled the
conditions set out in subsection (c) of this section.