| (a) Except as provided by subsections (c) and (d) of
this section, the Commission may not approve an application for a
license, an exemption, or a manufacturer registration, or their associated
renewals, under this chapter if the applicant has violated a statute
or Commission rule, order, license, permit, or certificate that relates
to safety. If a person who holds a position of ownership or control
in the applicant has held a position of ownership or control in another
person during the seven years preceding the date on which the application
is filed and during that period of ownership or control the other
person violated a statute or Commission rule, order, license, registration,
permit, or certificate that relates to safety, then that violation
will be attributed to the applicant. Regardless of whether the person's
name appears or is required to appear on an application, a person
holds a position of ownership or control in an applicant if the person
is:
(1) an officer, director, general partner, sole owner,
or trustee of, or the owner of at least 25 percent of the beneficial
interest in the applicant; or
(2) the applicant and has been determined by a final
judgment or final administrative order to have exerted actual control
over the applicant.
(b) An applicant has committed a violation described
by subsection (a) of this section if:
(1) a final judgment or final administrative order
finding the violation has been entered against the applicant and all
appeals have been exhausted; or
(2) the Commission and the applicant have entered into
an agreed order relating to the alleged violation.
(c) Notwithstanding subsection (a) of this section,
the Commission shall approve an application for a license, an exemption,
or a manufacturer registration under this chapter if all of the following
conditions, if applicable, are met:
(1) the conditions that constituted the violation have
been corrected or are being corrected in accordance with a schedule
to which the Commission and the applicant have agreed;
(2) all administrative, civil, and criminal penalties
have been paid or are being paid in accordance with a payment schedule
to which the Commission and the applicant have agreed; and
(3) the application complies with all other requirements
of law and Commission rules.
(d) The Commission may issue a license, exemption,
or manufacturer registration to an applicant described by subsection
(a) of this section for a term specified by the Commission if the
license, exemption, or manufacturer registration is necessary to remedy
a violation of law or Commission rules.
(e) If the Commission is prohibited by subsection (a)
of this section from approving an application for a license, an exemption,
or a manufacturer registration, then the Commission, after notice
and opportunity for a hearing, by order may refuse to renew or may
revoke a license, an exemption, or a manufacturer registration issued
under this chapter.
(1) In determining whether to refuse to renew or to
revoke a person's license, exemption, or manufacturer registration
under this subsection, the Commission shall consider the person's
history of previous violations, the seriousness of previous violations,
any hazard to the health or safety of the public, and the demonstrated
good faith of the person.
(2) If the Commission issues a refusal or revocation
under this subsection, the Commission shall provide the applicant
with a written statement explaining the reason for the denial.
(3) An order issued under this subsection must provide
the applicant a reasonable period to comply with the judgment or order
finding the violation before the order takes effect.
(4) The Commission's refusal to renew or revocation
of a person's license, exemption, or manufacturer registration under
this subsection does not relieve the person of any existing or future
duty under law, rules, or license, or registration conditions.
(5) On refusal to renew or revocation of a person's
license, exemption, or manufacturer registration under this subsection,
the person may not perform any activities under the jurisdiction of
the Commission under this chapter, except as necessary to remedy a
violation of law or Commission rules and as authorized by the Commission
under a license, an exemption, or a manufacturer registration issued
under subsection (d) of this section.
(6) A fee tendered in connection with an application
that is denied under this section is nonrefundable.
(7) The Commission may not revoke or refuse to renew
a license, an exemption, or a manufacturer registration under this
subsection if the Commission finds that the applicant, licensee, registered
manufacturer, or other registrant has fulfilled the conditions set
out in subsection (c) of this section.
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