SECTION 56.6. Review of Agency Decision to Seek Revocation or Suspension of a License or Permit

(a) A licensee or permittee may request a review of a preliminary decision of the department to seek revocation or suspension of a license or permit.

(1) An applicant seeking review of a preliminary decision of the department with respect to the revocation or suspension of a license or permit must submit a written request for the review within 10 working days of being notified by the department of a preliminary decision to revoke or suspend a license or permit.

(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.

(3) The department shall conduct the review within 30 working days of receipt of the request required by paragraph (1) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.

(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the area or subject matter germane to the permit or license, appointed or approved by the executive director, or designee. The department employee that made the decision to seek suspension or revocation of the license or permit shall not be a member of the review panel.

(5) A decision of the review panel to not seek revocation or suspension of a permit or license is final. A decision of the review panel to seek revocation or suspension of a permit or license is subject to the opportunity for a hearing provided in Parks and Wildlife Code §12.502.

(b) In conducting a review of a decision by the department to seek revocation or suspension of a permit or license, the department shall consider:

(1) any applicable factors listed under §56.5(d) of this title (relating to Revocation or Suspension of Licenses of Permit or License);

(2) the applicant's efforts toward rehabilitation;

(3) the likelihood that the applicant would repeat the conduct upon which the refusal is based;

(4) whether the conduct on which the refusal is based involved a threat to public safety; and

(5) other mitigating factors.

(c) The department may combine the notice of the department's preliminary decision to seek revocation or suspension of a license or permit with the notice of an opportunity for a hearing provided in Parks and Wildlife Code §12.502.

Source Note: The provisions of this §56.6 adopted to be effective November 21, 2022, 47 TexReg 7737