| (a) The department may revoke, cancel, suspend, suspend on an emergency basis, or probate by an emergency order of the commissioner, or the commissioner's designee a license to operate a tanning facility if the facility has: (1) failed to pay a license fee or a renewal fee for a license; (2) obtained or attempted to obtain a license by fraud or deception; (3) violated any of the provisions of the Act; or (4) violated any of the provisions of this subchapter. (b) The department shall revoke a license issued with respect to a facility if the license may not be renewed under §229.345(n) of this title (relating to Licensing of Tanning Facilities). (c) Prior to revoking, canceling, suspending or probating a license, the department shall give the license holder written notice of the proposed action, including the reasons and an opportunity for a hearing. (d) Any hearing for the revoking, canceling, suspending, or probating of a license are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures). (e) If the department suspends a license, the suspension shall remain in effect until the department determines that the reason for suspension no longer exists. If the suspension overlaps a renewal date, the suspended license holder shall comply with the renewal procedures in §229.345(l) of this title and the payment of appropriate fees in §229.346 of this title (relating to Licensing Fees); however the department may not renew the license until the department determines that the reason for the suspension no longer exists. (f) If the department revokes or does not renew a license, a person may reapply for a license by complying with the requirements and procedures in §229.345(j) of this title and §229.346 of this title at the time of reapplication. The department may refuse to issue a license if the reason for revocation or nonrenewal continues to exist. A license holder named in a revocation action is not eligible for licensing under this subchapter for a period of one year from the date of the revocation. |
| Source Note: The provisions of this §229.347 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702 |
