SECTION 334.485. Suspension or Revocation of Registration

(a) A registration may be suspended or revoked for the following reasons:

(1) if the registrant fails to maintain complete and accurate records required under this subchapter;

(2) if the registrant falsifies information in, or omits material information from, any records or documents maintained, received, or required by this chapter;

(3) if the registrant fails to comply with any rule or order entered by the commission pursuant to the requirements of Chapter 334 of this title (relating to Underground and Aboveground Storage Tanks);

(4) if the registrant fails to maintain financial assurance as required by this subchapter and Chapter 37, Subchapter K of this title (relating to Financial Assurance Requirements for Class A or B Petroleum- Substance Contaminated Soil Storage, Treatment, and Reuse Facilities);

(5) if the registrant exceeds maximum allowable inventory without prior written authorization from the agency; or

(6) for any good cause which, in the opinion of the executive director, constitutes grounds for suspension or revocation of the registration.

(b) If the executive director determines that good cause exists for suspension or for revocation of a registration, the executive director will petition the commission for an order, suspending or revoking the registration.

(1) The executive director will notify the registrant in writing, by registered or certified mail, of the grounds for the suspension or revocation, and provide the registrant with an opportunity for hearing on the executive director's petition.

(2) The executive director will provide notice at least ten days prior to the date of the hearing.

(3) The registrant must be afforded an opportunity to answer the executive director's petition for suspension or revocation in the manner generally described by this title.

(4) A registration may be suspended for any length of time which is warranted in the opinion of the commission. The commission may impose terms and conditions on the suspension, as well as conditions for reinstatement of the registration.

(5) If the term of the suspension does not exceed the original term of the registration, the registrant does not need to reapply at the termination of the suspension.

(6) A revocation pursuant to this section is permanent.

Source Note: The provisions of this §334.485 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective March 21, 2000, 25 TexReg 2390; amended to be effective November 23, 2000, 25 TexReg 11442