SECTION 7.162. Suspension or Revocation

(a) Suspension or revocation of any license under the provisions of §7.161 of this chapter (relating to Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal to Examine, Refusal to Issue or Renew Licenses) shall not be for less than ten (10) days nor more than two (2) years at the discretion of the department. If a license is suspended or revoked under the provisions thereof, the licensee shall, within five (5) days of such suspension or revocation, surrender all licenses and identification cards issued thereunder to the Commissioner or the Commissioner's designee.

(b) A licensee who is notified that the department intends to suspend or revoke the licensee's license must ask for a hearing by filing a petition with the Commissioner or the Commissioner's designee within twenty (20) days of the date of the letter sent to the licensee. The petition shall set out legal basis and supporting facts for challenging the department's decision and the relief sought by the petitioner including a request for hearing. Upon receipt of the petition, if the Commissioner or the Commissioner's designee determines that the petition is within the jurisdiction of the department, the Commissioner or the Commissioner's designee shall request a hearing before the State Office of Administrative Hearings.

Source Note: The provisions of this §7.162 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective April 5, 2001, 26 TexReg 2541; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989; amended to be effective January 16, 2023, 48 TexReg 129