| (a) A licensee or permittee may request a review of
a preliminary decision of the department to seek revocation or suspension
of a license or permit.
(1) An applicant seeking review of a preliminary decision
of the department with respect to the revocation or suspension of
a license or permit must submit a written request for the review within
10 working days of being notified by the department of a preliminary
decision to revoke or suspend a license or permit.
(2) Within 10 working days of receiving a request for
review under this section, the department shall establish a date and
time for the review.
(3) The department shall conduct the review within
30 working days of receipt of the request required by paragraph (1)
of this subsection, unless another date is established in writing
by mutual agreement between the department and the requestor.
(4) The request for review shall be presented to a
review panel. The review panel shall consist of three department managers
with expertise in the area or subject matter germane to the permit
or license, appointed or approved by the executive director, or designee.
The department employee that made the decision to seek suspension
or revocation of the license or permit shall not be a member of the
review panel.
(5) A decision of the review panel to not seek revocation
or suspension of a permit or license is final. A decision of the review
panel to seek revocation or suspension of a permit or license is subject
to the opportunity for a hearing provided in Parks and Wildlife Code §12.502.
(b) In conducting a review of a decision by the department
to seek revocation or suspension of a permit or license, the department
shall consider:
(1) any applicable factors listed under §56.5(d)
of this title (relating to Revocation or Suspension of Licenses of
Permit or License);
(2) the applicant's efforts toward rehabilitation;
(3) the likelihood that the applicant would repeat
the conduct upon which the refusal is based;
(4) whether the conduct on which the refusal is based
involved a threat to public safety; and
(5) other mitigating factors.
(c) The department may combine the notice of the department's
preliminary decision to seek revocation or suspension of a license
or permit with the notice of an opportunity for a hearing provided
in Parks and Wildlife Code §12.502.
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