30 Tex. Admin. Code § 290.254
Removal from List
Effective Jan 7, 199418 TexReg 9935 Source Note: The provisions of this §290.254 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935. Texas Secretary of State
(a) A plumbing fixture listed in §290.253 of this title (relating to Plumbing Fixture List) shall be removed from the list if:
- (1) the commission finds the manufacturer's or importer's certification to be inaccurately certified;
- (2) the manufacturer or importer is delinquent in paying the fee as set forth in §290.255 of this title (relating to Fees); or
- (3) the department finds that the fixture does not meet the standards set forth in §290.252(b) of this title (relating to Design Standards).
- (b) Prior to removal of the plumbing fixture from the list, a manufacturer or importer shall have the right to seek a hearing with the commission. A hearing held pursuant to this section shall be held in accordance with the Administrative Procedure Act (APA) and the commission's formal hearing procedures.
- (c) A plumbing fixture reinstated on the list after being removed due to a delinquent renewal fee will be considered a new product on the list.
Source Note:The provisions of this §290.254 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935.