(a) Suspension or revocation of any license under the
provisions of §7.161 of this chapter (relating to Grounds for
Revocation, Suspension, Penalties, Reprimanding, Refusal to Examine,
Refusal to Issue or Renew Licenses) shall not be for less than ten
(10) days nor more than two (2) years at the discretion of the department.
If a license is suspended or revoked under the provisions thereof,
the licensee shall, within five (5) days of such suspension or revocation,
surrender all licenses and identification cards issued thereunder
to the Commissioner or the Commissioner's designee.
(b) A licensee who is notified that the department
intends to suspend or revoke the licensee's license must ask for a
hearing by filing a petition with the Commissioner or the Commissioner's
designee within twenty (20) days of the date of the letter sent to
the licensee. The petition shall set out legal basis and supporting
facts for challenging the department's decision and the relief sought
by the petitioner including a request for hearing. Upon receipt of
the petition, if the Commissioner or the Commissioner's designee determines
that the petition is within the jurisdiction of the department, the
Commissioner or the Commissioner's designee shall request a hearing
before the State Office of Administrative Hearings.
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Source Note: The provisions of this §7.162 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective April 5, 2001, 26 TexReg 2541; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989; amended to be effective January 16, 2023, 48 TexReg 129 |