SECTION 58.359. Agency Decision to Refuse to Issue or Renew Permit; Review of Agency Decision

(a) The department may refuse to issue to or renew a permit under this subchapter to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:

(1) this subchapter;

(2) Parks and Wildlife Code, Chapters 47, 66, 76, 77, 78, or 75 for which a commercial license or permit is required;

(3) a provision of the Parks and Wildlife Code that is not described by paragraph (2) of this subsection that is punishable as a:

(A) Parks and Wildlife Code:

(i) Class A or B misdemeanor;

(ii) state jail felony;

(iii) felony; or

(D) offense under Parks and Wildlife Code, §63.002; or

(4) the Lacey Act (16 U.S.C. §§3371-3378).

(b) The department may refuse to issue a permit under this subchapter to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subchapter from obtaining a permit under this chapter.

(c) The department may refuse to issue a permit under this subchapter to any person who does not meet the criteria of this subchapter for issuance of a permit, including but not limited to failure to submit an administratively complete application.

(d) An applicant for a permit, permit renewal, or permit amendment under this subchapter may request a review of a decision of the department to refuse permit issuance, renewal, or amendment (as applicable).

(1) An applicant seeking review of a decision of the department under this subsection must request the review within 10 working days of being notified by the department that the application has been denied.

(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 days of receipt of the request required by paragraph (2) 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 understanding of oyster mariculture requirements or other permits issued by the department, appointed or approved by the executive director or designee.

(5) The decision of the review panel is final.

Source Note: The provisions of this §58.359 adopted to be effective August 24, 2020, 45 TexReg 5916