|(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
(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
(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.