1. (a) Except as provided by this section, the agency shall process and review in its usual and customary manner the certificate application of a person whose previous application was denied or whose certificate was canceled or revoked by the board under this chapter. For purposes of this section, the term "canceled" refers only to the surrender of a certificate in lieu of disciplinary action, including possible revocation.
2. (b) A person whose certificate has been denied, canceled, or revoked under this chapter shall not reapply for a certificate before the first anniversary after the date of the board's order denying, canceling, or revoking a certificate became administratively final. The executive director shall reject without processing or further proceedings any application received in violation of this subsection.
3. (c) In addition to other sanctions available under this chapter, the board may order that a person whose certificate has been denied, canceled, or revoked under this chapter shall not reapply for a certificate before a time period longer than one year after the order of denial, cancellation, or revocation became administratively final. The executive director shall reject without processing or further proceedings any application received in violation of such an order.
4. (d) In reviewing a certificate application, the agency, the presiding ALJ, and the board may consider prior board orders denying, canceling, or revoking a certificate previously applied for or held by the applicant.
5. (e) After investigation and opportunity for hearing under this chapter, the board may grant or deny, in whole or in part, the relief requested in the applicant's petition.
6. (f) A person whose petition for relief under this section has been denied by the board, in whole or in part, shall not file a subsequent application or petition earlier than the first anniversary of the effective date of such denial.
7. (g) The executive director shall reject without further proceedings any application or petition filed in violation of this section, any other applicable law, or related lawful contract or agreement.
8. (h) The agency shall publish notice of any certificate issued to a person whose previous application was denied or whose certificate was canceled or revoked by the board under this chapter.

Source Note:The provisions of this §249.44 adopted to be effective March 31, 1999, 24 TexReg 2304.