1. (a) Denial of license or license renewal.

   1. (1) Any applicant for license or license renewal failing to meet the requirements of §9.5 of this title (relating to Licensing Requirements), §9.6 of this title (relating to Examination for Certification and Course of Instruction), or §9.19 of this title (relating to Insurance Requirements), may be denied the license or license renewal.
   2. (2) If the commission determines that an applicant for license or license renewal has not met the requirements of §9.5 of this title (relating to Licensing Requirements), §9.6 of this title (relating to Examination for Certification and Course of Instruction), or §9.19 of this title (relating to Insurance Requirements), the commission shall notify the applicant in writing of the reasons for denial. The notice must advise the person that the application may be resubmitted within 30 days of receipt of the denial with all cited deficiencies corrected, or, if the person disagrees with the commission's determination, that person may request a hearing on the matter within 30 days of receipt of the notice of denial.
   3. (3) If a person resubmits the application for license or license renewal within 30 days of receipt of the denial with all deficiencies corrected, the commission 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 must be in writing, must refer to the specific requirements the applicant claims were met, and must be received in the commission's Austin office within 30 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, the Railroad Commission of Texas shall schedule a hearing within 30 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 Railroad Commission of Texas 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(s) or renewal(s) shall be issued.
   4. (4) If, after hearing, the Railroad Commission of Texas 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 may be issued to the applicant.

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

   1. (1) If the commission 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, it 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 days or more than 45 days after the licensee or certified person receives the notice by which the violation or noncompliance must be corrected or discontinued. If the commission determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, the commission may notify the licensee or certified person orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, the commission shall follow it with written notification no later than five 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 request an extension of time in which to comply. The request for extension of the time to comply must be received by the commission 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 the commission under this section, that person may request a public hearing on the matter to be conducted in compliance with the Administrative Procedure and Texas Register Act, the general rules of practice and procedure of the Railroad Commission of Texas, and any other applicable rules. The request must be in writing, must refer to the specific rules or statutes the licensee or certified person claims to have complied with, and must be received by the commission within 30 days of the licensee's or certified person's receipt of the notice of violation or noncompliance.
   2. (2) If the Railroad Commission of Texas determines that the licensee or certified person may not comply within the specified time, the Railroad Commission of Texas may enter an order calling a public hearing to be conducted in compliance with the Administrative Procedure and Texas Register Act, the general rules of practice and procedure of the Railroad Commission of Texas, and any other applicable rules.

Source Note:The provisions of this §9.7 adopted to be effective November 1, 1985, 10 TexReg 3002; amended to be effective October 15, 1993, 18 TexReg 6443.