SECTION 79.42. Good Cause

(a) Good cause to believe that a license should be revoked or suspended shall include, but not be limited to, the following:

(1) the licensee has violated any of the provisions of the Act, rules, or license;

(2) the licensee has filed false and/or misleading information on his or her application;

(3) the individual or individuals named in the license no longer possess the qualifications necessary for the issuance of an original license;

(4) the operational personnel or other information which were the basis for the issuance of the license have changed materially; or

(5) the licensee is deemed incompetent to hold a license by virtue of previous violations of weather modification permits or licenses in other states, resulting in suspension or revocation of the licensee's license in that other state.

(b) Good cause to believe that a permit should be revoked or suspended shall include, but not be limited to, the following:

(1) the permittee has violated any of the provisions of the Act, rules, or the permit;

(2) the permittee has filed false or misleading information in either its application for a permit or the records required to be filed by §79.31 and §79.32;

(3) the permittee's license has expired during the term of the permit and the licensee has not made a timely request for renewal; or

(4) the Department has reason to believe that the permitted operation is significantly dissipating the clouds and preventing the natural course of developing rain in the area where the operation is conducted to the material detriment of persons or property in that area.

Source Note: The provisions of this §79.42 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641