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RULE §367.19Failure to Request a Hearing After Notice of Intent to Deny or Revoke

(a) If the Enforcement Committee proposes to deny an application for examination or registration or revoke or suspend a license, registration, or endorsement, pursuant to §1301.451 of the Plumbing License Law, the Enforcement Committee shall give timely written notice of the denial or revocation to the applicant to the last known address provided to the Board by the applicant.

(b) The language of the notice shall include:

  (1) a summary of the allegations against the applicant;

  (2) the applicant's right to be represented by an attorney on the matter;

  (3) the applicant's right to request a hearing on the matter before SOAH;

  (4) the applicant's request for a hearing must be made no later than twenty (20) days after the receipt of the notice; and

  (5) the applicant's failure to request a hearing within twenty (20) days after the receipt of the notice results in the Enforcement Committee's decision to deny or revoke becoming final and judicial appeal of the denial or revocation being waived by the applicant.

(c) Any individual whose application for examination or registration has been denied or whose license, registration or endorsement has been revoked may re-apply to the Board after a waiting period of at least one year from the date that the denial or revocation became final. The Enforcement Committee shall be delegated the authority of making the initial review of the re-application. If the Committee decides to deny the re-application it shall proceed as defined in subsection (a) of this section.

(d) If the committee makes a decision to approve the applicant's request, it must be presented for approval before the Board members, at a regularly scheduled Board meeting to approve the applicant's request, if approved, then the applicant is to follow the same licensing or registration procedures required of a first-time licensee or registrant.

Source Note: The provisions of this §367.19 adopted to be effective August 29, 2018, 43 TexReg 5531

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