| (a) The board or department may deny an application
for a license or a renewal of a license under Occupations Code Chapter
53 or Chapter 2302, and §211.3 of this title (relating to Criminal
Offense Guidelines) or this chapter, if:
(1) all the information required on the application
is not complete;
(2) the applicant or any owner, officer, director,
or other person described in §211.2 of this title (relating to
Application of Subchapter) made a false statement, material misrepresentation,
or a material omission, on the application to issue, renew, or amend
a license;
(3) the applicant, or any owner, officer, director,
or other person described in §211.2 of this title, has been convicted,
or considered convicted under Occupations Code §53.021(d), by
any local, state, federal, or foreign authority, of an offense that
directly relates to the duties or responsibilities of the licensed
occupation as described in §211.3 of this title or is convicted
of an offense that is independently disqualifying under Occupations
Code §53.021;
(4) the applicant's or any owner's, officer's, director's,
or other person described in §211.2 of this title, previous license
was revoked;
(5) the applicant or license holder has an ownership,
organizational, managerial, or other business arrangement that would
allow a person the power to direct, management, policies, or activities,
of the applicant or license holder, whether directly or indirectly,
who is unfit, ineligible for license, or has been subject to disciplinary
action, including suspension, revocation, denial, corrective action,
cease and desist order, or assessment of a civil penalty, administrative
fine, or similar assessment for a current or previous license, permit,
or other authorization issued by any local, state, or federal regulatory
authority; or
(6) the applicant, or any owner, officer, or director,
or other person described in §211.2 of this title is unfit to
hold the license, is ineligible for licensure, or whose current or
previous license, permit, or other authorization issued by any local,
state, or federal regulatory authority has been subject to disciplinary
action, including suspension, revocation, denial, corrective action,
cease and desist order, or assessment of a civil penalty, administrative
fine, fee, or similar assessment.
(b) If the department denies an application for a license
to be issued under the authority of Occupations Code Chapter 2302,
the applicant may request an administrative hearing in the manner
specified in §221.91 of this title (relating to Notice of Department
Decision).
(c) In accordance with Occupations Code §2302.108,
the board or department shall reject any application for issuance
of a new license under Occupations Code Chapter 2302 filed by a person
whose license is revoked before the first anniversary of the date
of revocation.
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