- (a) Notwithstanding the provisions of §203.38(a) of this chapter, a person whose provisional license is cancelled for failure to comply with §203.6 of this chapter may within 60 days of such cancellation notify the Executive Director that the person wishes to petition the Commission for reinstatement in the provisional program by demonstrating that the failure to comply with §203.6 of this chapter was because of a personal situation that made such compliance unreasonable under the circumstances.
- (b) Upon timely receipt of a notice, the Executive Director shall cause the matter of the person's petition for reinstatement to be placed on an agenda for consideration by the Commission.
- (c) If the Commission determines that the person has made a compelling case for reinstatement in the provisional program by demonstrating that the failure to comply with §203.6 of this chapter was because of a personal situation that made such compliance unreasonable under the circumstances, the Commission may reinstate the person in the provisional program under terms and conditions that it may prescribe.
- (d) If the Commission determines that the person has not made a compelling case for reinstatement in the provisional program, the Commission shall so find and the person's status with respect to licensure will be governed thereafter by the provisions of §203.38 of this chapter.
Source Note:The provisions of this §203.40 adopted to be effective April 8, 2008, 33 TexReg 2820.