| (a) The department may initiate suspension proceedings
against the license of a dispensing organization if the licensee or
its registrant:
(1) Willfully or knowingly submits false, inaccurate,
or incomplete information to the department or records such information
on any records required to be maintained under this chapter;
(2) Fails to maintain the records required under this
chapter; or
(3) Violates any provision of the Act, of this chapter,
or §§481.120, 481.121, 481.122, or 481.125 of the Texas
Health and Safety Code.
(b) For the first violation of subsection (a) of this
section, the license may be suspended for a period not to exceed thirty
(30) days.
(c) For multiple first time violations, or for a second
violation of subsection (a) of this section occurring within two (2)
years of an earlier violation for which a final order has been issued,
the license may be suspended for a period not to exceed ninety (90)
days.
(d) For multiple, repetitive violations, or for a third
violation of subsection (a) of this section occurring within two (2)
years of two (2) earlier violations for which final orders have been
issued, the license may be suspended for a period not to exceed one
hundred eighty (180) days.
(e) Upon receipt of a notice of suspension under this
section, the licensee will be provided with thirty (30) days to address
the violation or request a hearing before SOAH. The failure to timely
appeal the proposed action will result in the issuance of a final
order.
(f) Registrants may be suspended if charged by misdemeanor
information or felony indictment with a disqualifying offense as provided
in §12.3 of this title (relating to Criminal History Disqualifiers).
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