(a) A person who receives notice of the department's
intention to deny an application for a certificate of registration,
to reprimand, suspend or revoke a certificate of registration, to
prohibit the registrant from paying cash for a purchase of regulated
material pursuant to §1956.036(e) of the Act, or to impose an
administrative penalty under §36.60 of this title (relating to
Administrative Penalties), may appeal the decision by submitting a
request to appeal by mail, facsimile, or electronic mail, to the department
in the manner provided on the department's metals recycling program
website within thirty (30) calendar days after receipt of notice of
the department's proposed action. If a written request to appeal is
not submitted within thirty (30) calendar days of the date notice
was received, the right to an informal hearing or settlement conference,
as applicable, under this section or §36.57 of this title (relating
to Hearings Before the State Office of Administrative Hearings) is
waived and action becomes final.
(b) If the action is based on the person's criminal
history, an informal, telephonic hearing will be scheduled. Following
the hearing, the department will either dismiss the proceedings and
withdraw the proposed action, or issue a written statement of findings
to the respondent either upholding or modifying the original proposed
action.
(c) If the proposed action is based on an administrative
violation, a settlement conference will be scheduled. The settlement
conference may be conducted in person or by telephone, by agreement
of the parties. Following the settlement conference, the parties will
execute an agreed order, or, if no agreement is reached, the department
will issue a written determination either upholding or modifying the
originally proposed action.
(d) The department's findings resulting from the informal
hearing, or its determination following a settlement conference, may
be appealed as provided in §36.57 of this title. If a written
request is not submitted within thirty (30) calendar days of the date
notice was received, the findings or determination shall become final.
(e) Requests for continuance must be submitted in writing
at least three (3) business days prior to the scheduled hearing or
conference. Requests must be based on good cause. Multiple requests
may be presumed to lack good cause and may be denied on that basis.
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Source Note: The provisions of this §36.56 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective November 2, 2017, 42 TexReg 6032; amended to be effective May 14, 2020, 45 TexReg 3143 |