1. (a) The Commission may deny, suspend, or revoke a license or certificate for any individual who fails to comply with the LP-Gas Safety Rules.

   1. (1) If LP-Gas Operations determines that an applicant for license, certificate, or renewal has not met the requirements of the LP-Gas Safety Rules, LP-Gas Operations shall notify the applicant in writing of the reasons for the proposed denial. In the case of an applicant for license or certificate, the notice shall advise the person that the application may be resubmitted within 30 calendar days of receipt of the denial with all cited deficiencies corrected, or, if the person disagrees with LP-Gas Operations' determination, that person may request in writing a hearing on the matter within 30 calendar days of receipt of the notice of denial.
   2. (2) If a person resubmits the application for license or license renewal within 30 calendar days of receipt of the denial with all deficiencies corrected, LP-Gas Operations shall issue the license or license renewal.

2. (b) Hearing regarding denial of license or license renewal.

   1. (1) An applicant receiving a notice of denial of a license or license renewal may request a hearing to determine whether the applicant did comply in all respects with the requirements for the category or categories of license sought. The request for hearing shall be in writing, shall refer to the specific requirements the applicant claims were met, and shall be submitted to LP-Gas Operations within 30 calendar days of the applicant's receipt of the notification of denial.
   2. (2) Upon receipt of a request complying with paragraph (1) of this subsection, LP-Gas Operations shall forward the request for a hearing to the Office of General Counsel for the purpose of scheduling a hearing within 30 calendar days following the receipt of the request for hearing to determine the applicant's compliance or noncompliance with the licensing requirements for the category or categories of license sought.
   3. (3) If, after hearing, the Commission finds the applicant's claim has been supported, it shall enter an order in its records to that effect, noting the category or categories of license for which the applicant is entitled to be licensed, and the license or renewal shall be issued.
   4. (4) If, after hearing, the Commission finds that the applicant is not qualified for the license or license renewal in the category or categories of license sought, it shall likewise enter an order in its records to that effect, and no license or renewal shall be issued to the applicant.

3. (c) Suspension or revocation of licenses or certifications.

   1. (1) If LP-Gas Operations finds by means including but not limited to inspection, review of required documents submitted, or complaint by a member of the general public or any other person, a probable or actual violation of or noncompliance with the Texas Natural Resources Code, Chapter 113, or the LP-Gas Safety Rules, LP-Gas Operations shall notify the licensee or certified person of the alleged violation or noncompliance in writing.
   2. (2) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance and shall designate a date not less than 30 calendar days or more than 45 calendar days after the licensee or certified person receives the notice by which the violation or noncompliance shall be corrected or discontinued. If LP-Gas Operations determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, LP-Gas Operations may notify the licensee or certified person orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, LP-Gas Operations shall follow it with written notification no later than five business days after the oral notification.
   3. (3) The licensee or certified person shall either report the correction or discontinuance of the violation or noncompliance within the time frame specified in the notice or shall request an extension of time in which to comply. The request for extension of the time to comply shall be received by LP-Gas Operations within the same time frame specified in the notice for correction or discontinuance.

4. (d) Hearing regarding suspension or revocation of licenses and certifications.

   1. (1) If a licensee or certified person disagrees with the determination of LP-Gas Operations under this section, that person may request a public hearing on the matter to be conducted in compliance with the Texas Government Code, Chapter 2001, et seq., Chapter 1 of this title (relating to Practice and Procedure), and this chapter. The request shall be in writing, shall refer to the specific rules or statutes the licensee or certified person claims to have complied with, and shall be received by LP-Gas Operations within 30 calendar days of the licensee's or certified person's receipt of the notice of violation or noncompliance. LP-Gas Operations shall forward the request for hearing to the Office of General Counsel.
   2. (2) If LP-Gas Operations determines that the licensee or certified person may not comply within the specified time, LP-Gas Operations may call a public hearing to be conducted in compliance with the Texas Government Code, Chapter 2001, et seq., Chapter 1 of this title, and any other applicable rules.

Source Note:The provisions of this §9.16 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913.