| (5) Each person required to obtain a permit shall maintain each business location in a sanitary condition that complies with §205.9 of this title. (6) Each person required to obtain a permit shall allow, during normal business hours, an authorized representative or representatives of the department to conduct an announced or unannounced inspection of their place of business for purposes of determining compliance with the Act and regulations and to take samples of bedding articles or materials for inspection and analysis or to be held as evidence of a violation of these regulations. (7) Each person required to obtain a permit shall allow an authorized representative or representatives of the department to copy records and take photographs of articles of bedding or materials during inspections. (e) Permit denial, suspension, revocation. (1) An application for permit issuance or renewal will be denied by the department if the applicant fails or refuses to provide a complete application, pay the appropriate permit fee, provide requested information or product samples or test results, or if the business location or plant location is not in a sanitary condition in violation of the Act and regulations. (2) An application for permit issuance or renewal may be denied by the department if the applicant has failed to make acceptable progress implementing corrective actions agreed upon by the applicant and the department to remedy previous violations of the Act or these regulations. (3) A permit may be suspended or revoked by the department if the permit holder fails to maintain the permitted business location or plant location in a sanitary condition, manufactures or renovates and sells mattresses or mattress pads that do not comply with federal flammability standards, fails to germicidally treat articles of used bedding prior to resale, or commits any other or repeated violations of the Act or these regulations. |
| Source Note: The provisions of this §205.11 adopted to be effective October 3, 1999, 24 TexReg 8181; amended to be effective January 1, 2005, 29 TexReg 11976; amended to be effective February 1, 2006, 31 TexReg 497 |
