SECTION 296.313. Denial, 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