| (a) The Commission may deny, suspend, or revoke a license,
registration, or certificate for any person who fails to comply with
this chapter.
(1) If AFS determines that an applicant for license,
manufacturer registration, certificate, or renewal has not met the
requirements of this chapter, AFS shall notify the applicant in writing
of the reasons for the proposed denial. In the case of an applicant
for license, manufacturer registration, or certificate, the notice
shall advise the applicant that the application may be resubmitted
within 30 calendar days of receipt of the denial with all cited deficiencies
corrected, or, if the applicant disagrees with AFS' determination,
the applicant may request a hearing in writing on the matter within
30 calendar days of receipt of the notice of denial.
(2) If the applicant resubmits the application within
30 days of receipt of the denial with all deficiencies corrected,
AFS shall issue the license, manufacturer registration, certificate,
or renewal as applicable.
(b) Hearing regarding denial of license, manufacturer
registration, certificate, or associated renewals.
(1) An applicant receiving a notice of denial may request
a hearing to determine whether the applicant did comply in all respects
with the requirements for the license, registration, or certificate
sought. The request for hearing must be in writing, must refer to
the specific requirements the applicant claims were met, and must
be received in the Commission's Austin office within 30 days of the
applicant's receipt of the notification of denial.
(2) Upon receipt of a request complying with paragraph
(1) of this subsection, AFS shall forward the request for a hearing
to the Hearings Division for the purpose of scheduling a hearing within
30 calendar days following the receipt of the request for hearing
to determine the applicant's compliance or noncompliance with applicable
requirements.
(3) If, after hearing, the Commission finds the applicant's
claim has been supported, the Commission may issue an order approving
the license, manufacturer registration, or certificate and AFS shall
issue the license, manufacturer registration, certificate, or associated
renewal if applicable.
(4) If, after hearing, the Commission finds that the
applicant does not comply with the requirements of this chapter, the
Commission may issue an order denying the application or renewal.
(c) Suspension and revocation of licenses, manufacturer
registrations, or certificates.
(1) If AFS finds by means including, but not limited
to, inspection, review of required documents submitted, or complaint
by a member of the general public or any other person, a probable
or actual violation of or noncompliance with the Texas Natural Resources
Code, Chapter 116, or this chapter, AFS shall notify the licensee,
registered manufacturer, or certificate holder of the alleged violation
or noncompliance in writing.
(2) The notice shall specify the acts, omissions, or
conduct constituting the alleged violation or noncompliance and shall
designate a date not less than 30 calendar days or more than 45 calendar
days after the licensee, registered manufacturer, or certificate holder
receives the notice by which the violation or noncompliance must be
corrected or discontinued. If AFS determines the violation or noncompliance
may pose imminent peril to the health, safety, or welfare of the general
public, AFS may notify the licensee, registered manufacturer, or certificate
holder orally with instruction to immediately cease the violation
or noncompliance. When oral notice is given, AFS shall follow it with
written notification no later than five business days after the oral
notification.
(3) The licensee, registered manufacturer, or certificate
holder shall either report the correction or discontinuance of the
violation or noncompliance within the time frame specified in the
notice or request an extension of time in which to comply. The request
for extension of the time to comply must be received by AFS within
the same time frame specified in the notice for correction or discontinuance.
(d) Hearing regarding suspension or revocation of licenses,
manufacturer registrations, and certificates.
(1) If a licensee, registered manufacturer, or certificate
holder disagrees with the determination of AFS under this section,
that licensee or certified individual may request a public hearing
on the matter to be conducted as specified in Chapter 1 of this title
(relating to Practice and Procedure). The request shall be in writing,
shall refer to the specific rules or statutes the person claims were
met, and shall be received by AFS within 30 calendar days of the person's
receipt of the notice of violation or noncompliance.
(2) AFS shall forward the request for hearing to the
Hearings Division.
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