(A) record the suspension of the permit in the commission's
files; and
(B) notify the telecommunications utility providing
service to the user of an ADAD that the permit has been suspended.
(3) Service disconnection. Upon receipt of notification
by the commission that a permit has been suspended under the provisions
of this subsection, the telecommunications utility providing service
to that user of an ADAD shall immediately disconnect service to that
person.
(4) Refund of fees. A person who holds, applies for,
or renews an ADAD permit issued by the commission that is suspended
under the provisions of this subsection is not entitled to a refund
of any fees paid under subsection (d) of this section.
(5) Reinstatement. The commission may not modify, remand,
reverse, vacate, or reconsider the terms of a final order issued by
the court or a Title IV-D agency suspending a permit under the provisions
of the Texas Family Code, Chapter 232. However, upon receipt of an
order by the court or Title IV-D agency vacating or staying an order
suspending a person's permit to operate an ADAD, the commission shall
promptly issue or re-issue the affected permit to that person if that
person is otherwise qualified for the permit and has paid the applicable
fees as set out in subsection (d) of this section.
(h) Penalties. A person who operates an ADAD without
a valid permit, with an expired permit, or with a permit that has
been suspended under the provisions of subsection (g) of this section
or who otherwise operates the ADAD in violation of this section or
a commission order, is subject to an administrative penalty of not
more than $1,000 for each day or portion of a day during which the
ADAD was operating in violation of this section. However, nothing
in this subsection is intended to limit the commission's authority
under the Public Utility Regulatory Act §15.021, et seq.
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Source Note: The provisions of this §26.125 adopted to be effective September 16, 1998, 23 TexReg 9335; amended to be effective February 24, 2000, 25 TexReg 1363; amended to be effective July 10, 2002, 27 TexReg 6009; amended to be effective December 11, 2013, 38 TexReg 8826 |