| (a) The department may refuse to issue to or renew
a permit under this subchapter to any person who has been finally
convicted of, pleaded nolo contendere to, received deferred adjudication,
or assessed an administrative penalty for a violation of:
(1) this subchapter;
(2) Parks and Wildlife Code, Chapters 47, 66, 76, 77,
78, or 75 for which a commercial license or permit is required;
(3) a provision of the Parks and Wildlife Code that
is not described by paragraph (2) of this subsection that is punishable
as a:
(A) Parks and Wildlife Code:
(i) Class A or B misdemeanor;
(ii) state jail felony;
(iii) felony; or
(D) offense under Parks and Wildlife Code, §63.002;
or
(4) the Lacey Act (16 U.S.C. §§3371-3378).
(b) The department may refuse to issue a permit under
this subchapter to any person the department has evidence is acting
on behalf of or as a surrogate for another person who is prohibited
by the provisions of this subchapter from obtaining a permit under
this chapter.
(c) The department may refuse to issue a permit under
this subchapter to any person who does not meet the criteria of this
subchapter for issuance of a permit, including but not limited to
failure to submit an administratively complete application.
(d) An applicant for a permit, permit renewal, or permit
amendment under this subchapter may request a review of a decision
of the department to refuse permit issuance, renewal, or amendment
(as applicable).
(1) An applicant seeking review of a decision of the
department under this subsection must request the review within 10
working days of being notified by the department that the application
has been denied.
(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 days of receipt of the request required by paragraph (2) 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 understanding of oyster mariculture requirements or other permits
issued by the department, appointed or approved by the executive director
or designee.
(5) The decision of the review panel is final.
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