(a) Basis. The department may refuse an application
for a permit or may revoke or suspend a permit for violations of §229.372
of this subchapter (relating to Permitting Fees and Procedures) or §229.373
of this subchapter (relating to Minimum Standards for Permitting and
Operation), or for interference with a department representative in
the performance of their duties under this subchapter.
(b) Hearings. Any hearings for the refusal, revocation,
or suspension of a permit are governed by §§1.21, 1.23,
1.25, and 1.27 of this title (relating to Formal Hearing Procedures)
or under the provisions of the Texas Government Code Chapter 2001,
Administrative Procedure Act.
(c) Reinstatement. A former permit holder may apply
for reinstatement of a suspended permit by demonstrating corrections
and controls are implemented to prevent future violations. The department
may reinstate the permit after the department has determined the food
establishment no longer poses a risk to public health and safety.
The department may also require employees of a food establishment
to successfully complete a department-accredited training course on
food safety principles before reinstatement of the permit.
(d) Administrative penalties. Administrative penalties
in Texas Health and Safety Code §437.018, and in §229.261
of this chapter (relating to Assessment of Administrative Penalties),
may be assessed for violations of this subchapter.
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Source Note: The provisions of this §229.374 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982; amended to be effective May 13, 2024, 49 TexReg 3288 |