Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 69 - RESOURCE PROTECTION
Subchapter C - WILDLIFE REHABILITATION PERMITS
Section 69.47 - Refusal of Permit Issuance or Renewal; Review

Universal Citation: 31 TX Admin Code § 69.47

Current through Reg. 50, No. 13; March 28, 2025

(a) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, or received deferred adjudication or been assessed an administrative penalty for a violation of:

(1) Parks and Wildlife Code, Chapter 43;

(2) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony; or

(3) the Lacey Act (16 U.S.C. §§ 3371 - 3378).

(b) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for an offense listed in subsection (a) of this section.

(c) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from engaging in permitted activities.

(d) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.

(e) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).

(f) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.

(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.

(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (g) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.

(3) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the subject of the permit, appointed or approved by the executive director, or designee.

(4) The decision of the review panel is final.

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