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RULE §139.23Application Procedures and Issuance of Licenses

  (6) If a licensee makes a timely application for renewal of a license, and action to revoke, suspend, place on probation, or deny renewal of the license is pending, the license does not expire but does extend until the application for renewal is granted or denied after the opportunity for a formal hearing. A renewal license shall not be issued unless the commission has determined the reason for the proposed action no longer exists.

  (7) If a suspension of a license overlaps a renewal date, the suspended license holder shall comply with the renewal procedures in this subsection; however, the commission may not renew the license until the commission determines that the reason for suspension no longer exists.

  (8) If the commission revokes or does not renew a license, a person may apply for an initial license by complying with the requirements of the Act and this chapter at the time of reapplication. The commission may refuse to issue a license, if the reason for revocation or non-renewal continues to exist.

  (9) Upon revocation or non-renewal, a license holder shall return the original license to the commission.

  (10) The procedures for revocation, suspension, probation, or denial of a license shall be in accordance with §139.32 of this title.

(e) Failure to timely renew a license.

  (1) If a licensee fails to timely renew a license in accordance with subsection (d) of this section, the commission shall notify the licensee that the facility shall cease operation on the expiration date of the license.

  (2) To continue providing services at the abortion facility after the expiration of the license, the owner shall apply for an initial license in accordance with subsection (c) of this section.

(f) Frequency of inspections. Inspections of the abortion facility shall be performed at a frequency prescribed by and in accordance with §139.31 of this title.

Source Note: The provisions of this §139.23 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective March 26, 2019, 44 TexReg 1532

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