| (a) The department may deny an application for a new
license or an application for a license renewal 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was revoked;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 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 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 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 §224.54 of this title (relating to Notice of Department
Decision).
(c) In accordance with Occupations Code §2302.108,
the 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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