Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 229 - FOOD AND DRUG
Subchapter T - LICENSURE OF TANNING FACILITIES
Section 229.347 - Revocation, Cancellation, Suspension, and Probation of a License

Universal Citation: 25 TX Admin Code ยง 229.347

Current through Reg. 49, No. 38; September 20, 2024

(a) The department may revoke, cancel, suspend, suspend on an emergency basis, or probate by an emergency order of the commissioner, or the commissioner's designee a license to operate a tanning facility if the facility has:

(1) failed to pay a license fee or a renewal fee for a license;

(2) obtained or attempted to obtain a license by fraud or deception;

(3) violated any of the provisions of the Act; or

(4) violated any of the provisions of this subchapter.

(b) The department shall revoke a license issued with respect to a facility if the license may not be renewed under § 229.345(n) of this title (relating to Licensing of Tanning Facilities).

(c) Prior to revoking, canceling, suspending or probating a license, the department shall give the license holder written notice of the proposed action, including the reasons and an opportunity for a hearing.

(d) Any hearing for the revoking, canceling, suspending, or probating of a license are governed by §§ 1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures).

(e) If the department suspends a license, the suspension shall remain in effect until the department determines that the reason for suspension no longer exists. If the suspension overlaps a renewal date, the suspended license holder shall comply with the renewal procedures in § 229.345(l) of this title and the payment of appropriate fees in § 229.346 of this title (relating to Licensing Fees); however the department may not renew the license until the department determines that the reason for the suspension no longer exists.

(f) If the department revokes or does not renew a license, a person may reapply for a license by complying with the requirements and procedures in § 229.345(j) of this title and § 229.346 of this title at the time of reapplication. The department may refuse to issue a license if the reason for revocation or nonrenewal continues to exist. A license holder named in a revocation action is not eligible for licensing under this subchapter for a period of one year from the date of the revocation.

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