| (a) A registration may be suspended or revoked for the following
reasons:
(1) if the registrant fails to maintain complete and accurate
records required under this subchapter;
(2) if the registrant falsifies information in, or omits material
information from, any records or documents maintained, received, or required
by this chapter;
(3) if the registrant fails to comply with any rule or order
entered by the commission pursuant to the requirements of Chapter 334 of this
title (relating to Underground and Aboveground Storage Tanks);
(4) if the registrant fails to maintain financial assurance
as required by this subchapter and Chapter 37, Subchapter K of this title
(relating to Financial Assurance Requirements for Class A or B Petroleum-
Substance Contaminated Soil Storage, Treatment, and Reuse Facilities);
(5) if the registrant exceeds maximum allowable inventory without
prior written authorization from the agency; or
(6) for any good cause which, in the opinion of the executive
director, constitutes grounds for suspension or revocation of the registration.
(b) If the executive director determines that good cause exists
for suspension or for revocation of a registration, the executive director
will petition the commission for an order, suspending or revoking the registration.
(1) The executive director will notify the registrant in writing,
by registered or certified mail, of the grounds for the suspension or revocation,
and provide the registrant with an opportunity for hearing on the executive
director's petition.
(2) The executive director will provide notice at least ten
days prior to the date of the hearing.
(3) The registrant must be afforded an opportunity to answer
the executive director's petition for suspension or revocation in the manner
generally described by this title.
(4) A registration may be suspended for any length of time
which is warranted in the opinion of the commission. The commission may impose
terms and conditions on the suspension, as well as conditions for reinstatement
of the registration.
(5) If the term of the suspension does not exceed the original
term of the registration, the registrant does not need to reapply at the termination
of the suspension.
(6) A revocation pursuant to this section is permanent.
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| Source Note: The provisions of this §334.485 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective March 21, 2000, 25 TexReg 2390; amended to be effective November 23, 2000, 25 TexReg 11442 |
