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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 14REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)
SUBCHAPTER AGENERAL APPLICABILITY AND REQUIREMENTS
RULE §14.2022Denial, Suspension, or Revocation of Licenses or Certifications, and Hearing Procedure

(a) The Commission may deny, suspend, or revoke a license or certificate for any individual who fails to comply with the requirements of this chapter. If LP-Gas Operations determines that an applicant for a new license or certificate, or renewal of a license or certificate has not met the requirements of this chapter, LP-Gas Operations shall notify the applicant in writing of the reasons for the proposed denial. In the case of an applicant for license or certificate, the notice shall advise the applicant:

  (1) that the application may be resubmitted within 30 calendar days of receipt of the denial, with all cited deficiencies corrected. If an applicant resubmits the application for a new license or certificate, or renewal of a license or certificate within 30 calendar days of receipt of the denial with all deficiencies corrected, LP-Gas Operations shall issue the new license or certificate, or the renewal of the license or certificate; or

  (2) if the applicant disagrees with LP-Gas Operations' determination, the applicant may request a hearing in writing within 30 calendar days of receiving the notice of denial.

(b) An applicant receiving a notice of denial of a license, certificate, or license or certificate renewal may request a hearing to determine whether the applicant did comply in all respects with the requirements for the category or categories of license or certification sought.

  (1) Upon receipt of a written request for hearing, LP-Gas Operations shall forward the request for a hearing to the Office of General Counsel 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 the licensing or certification requirements for each category of license or certification sought. The Commission shall conduct the hearing in compliance with the Texas Government Code, Chapter 2001, Chapter 1 of this title (relating to Practice and Procedure), and any other applicable rules.

  (2) If, after hearing, the Commission finds that the licensee or certified individual may not comply within the specified time, the Railroad Commission of Texas may enter an order calling a public hearing to be conducted in compliance with the Texas Government Code, Chapter 2001, the general rules of practice and procedure of the Railroad Commission of Texas in Chapter 1 of this title (relating to Practice and Procedure), and any other applicable rules.

(c) If LP-Gas Operations finds through means including but not limited to inspection, review of documents, or complaint by a member of the general public or any other person, that a license or certificate shall be suspended or revoked because of a probable or actual violation of or noncompliance with Chapter 116 of the Texas Natural Resources Code or the rules in this chapter, LP-Gas Operations shall notify the licensee or certified individual in writing of the alleged violation or noncompliance.

  (1) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance, and shall designate a date at least 30 days but less than 45 days after the licensee or certified individual receives the notice by which the violation or noncompliance shall be corrected or discontinued. If LP-Gas Operations determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, LP-Gas Operations may notify the licensee or certified individual orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, LP-Gas Operations shall follow it with written notification no later than five days after the oral notice.

  (2) The licensee or certified individual shall either report the correction or discontinuance of the violation or noncompliance within the time frame specified in the notice or request in writing an extension of time in which to comply. The request for extension of the time to comply shall be received by LP-Gas Operations within the same time frame specified in the notice for correction or discontinuance.


Source Note: The provisions of this §14.2022 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921

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