| (a) The Commission may deny, suspend, or revoke a license,
registration, or certificate for any person who fails to comply with
the rules in this chapter.
(1) If AFS determines that an applicant for license,
manufacturer registration, certificate, or renewal has not met the
requirements of the rules in 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 person that the application may be resubmitted
within 30 calendar days of receipt of the denial with all cited deficiencies
corrected, or, if the person disagrees with AFS' determination, that
person may request in writing a hearing on the matter within 30 calendar
days of receipt of the notice of denial.
(2) If a person resubmits the application within 30
calendar 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 category license, registration, or certificate
sought. The request for hearing shall be in writing, shall refer to
the specific requirements the applicant claims were met, and shall
be submitted to AFS within 30 calendar 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 or 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 113, or the rules in 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 shall
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 shall request an extension of time in which to comply. The
request for extension of the time to comply shall 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. If a licensee, registered
manufacturer, or certificate holder disagrees with the determination
of AFS under this section, that person 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 to
have complied with, and shall be received by AFS within 30 calendar
days of the person's receipt of the notice of violation or noncompliance.
AFS shall forward the request for hearing to the Hearings Division.
|
| Source Note: The provisions of this §9.16 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
