| (a) An administrative sanction may include:
(1) denial of an application for a license;
(2) suspension of a license;
(3) revocation of a license;
(4) the imposition of civil penalties; or
(5) a refund under §215.504 of this title (concerning
buyer or lessee refund).
(b) The department shall issue and mail a Notice of
Department Decision to a license applicant, license holder, or other
person by certified mail, return receipt requested, to the last known
address upon a determination under Occupations Code, Chapters 2301
and 2302 or Transportation Code, Chapter 503 that:
(1) an application for a license should be denied;
or
(2) administrative sanctions should be imposed.
(c) The last known address of a license applicant,
license holder, or other person is the last mailing address provided
to the department when the license applicant applies for its license,
when a license holder renews its license, or when the license holder
notifies the department of a change in the license holder's mailing
address.
(d) The Notice of Department Decision shall include:
(1) a statement describing the department decision
and the effective date;
(2) a description of each alleged violation;
(3) a description of each administrative sanction being
adopted;
(4) a statement regarding the legal basis for each
administrative sanction;
(5) a statement regarding the license applicant, license
holder, or other person's right to request a hearing;
(6) the procedure to request a hearing, including the
deadline for filing; and
(7) notice to the license applicant, license holder,
or other person that the adopted decision and administrative sanctions
in the Notice of Department Decision will become final on the date
specified if the license applicant, license holder, or other person
fails to timely request a hearing.
(e) The license applicant, license holder, or other
person must submit, in writing, a request for a hearing under this
section. The department must receive a request for a hearing within
26 days of the date of the Notice of Department Decision.
(f) If the department receives a timely request for
a hearing, the department will set a hearing date and give notice
to the license applicant, license holder, or other person of the date,
time, and location of the hearing.
(g) If the license applicant, license holder, or other
person does not make a timely request for a hearing or enter into
a settlement agreement within 27 days of the date of the Notice of
Department Decision, the department decision becomes final.
|
| Source Note: The provisions of this §215.500 adopted to be effective February 6, 2014, 39 TexReg 502; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective December 30, 2020, 45 TexReg 9580 |
