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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER QCOMPLIANCE
RULE §296.313Denial, Suspension, or Revocation of License or Reprimand of Licensee

(a) DSHS may deny an application for a license or registration, modify a license or registration, reprimand a licensee or registrant, suspend or revoke a licensee or registration, or suspend a license or registration on an emergency basis if it finds that a person regulated under the Act:

  (1) has obtained or attempted to obtain a license, registration, or contract to perform an asbestos-related activity by fraud, deception, submission of a false statement or material misrepresentation, or submission of invalid documentation;

  (2) has falsified a record or submitted or allowed to be submitted, a falsified record required by a federal agency or by DSHS in connection with an asbestos-related activity or licensure, registration, or accreditation for such an activity;

  (3) has refused to provide information requested by DSHS; or

  (4) has been convicted within the past five years of a felony or misdemeanor arising from an asbestos-related activity;

  (5) has violated a federal or state law, rule, standard or order regarding asbestos-related activities, including any violation of this chapter, the Act, or an order issued under the Act;

  (6) has failed to maintain any record required by DSHS in connection with an asbestos-related activity;

  (7) has failed at any time to meet the qualifications for a license or registration;

  (8) has failed to comply with the requirements of a probation period imposed under this subchapter; or

  (9) has failed to pay a required or assessed fee, as required in this chapter.

(b) A person whose license or registration application was denied or whose license or registration was suspended or revoked may reapply for a license or registration subject to the following conditions.

  (1) A person who has had an application for a license or registration denied, or has had a license or registration suspended or revoked under subsection (a)(1) - (5), (8), or (9) of this section is ineligible to reapply for a license or registration before three years after the date of the denial, suspension, or revocation order.

  (2) A person who has had an application for a license or registration denied or has had a license or registration suspended or revoked under subsection (a)(6) of this section may reapply for a license one year after the date of the denial, suspension, or revocation order.

  (3) A person who has had an application for a license or registration denied or has had a license or registration suspended or revoked under subsection (a)(7) of this section may reapply for a license or registration after the person meets all qualifications for a license.


Source Note: The provisions of this §296.313 adopted to be effective July 8, 2021, 46 TexReg 3880

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