1. (a) The commission may suspend or revoke a registration for:

   1. (1) failure to maintain complete and accurate records;
   2. (2) alteration of any record maintained or received by the registrant, outside of justified and documented corrections;
   3. (3) delivery of used oil to an entity not registered with the commission;
   4. (4) failure to comply with this rule or an order issued by the commission;
   5. (5) failure to submit annual reports as required;
   6. (6) failure to maintain financial assurance as required; or
   7. (7) failure to reasonably perform the used oil activities for which the registration was issued.
2. (b) A registration shall be suspended for a period of one year; however, depending upon the seriousness of the offense(s), the time of suspension may be increased or decreased. A registration is revoked automatically upon a second suspension. If the registration is suspended or revoked, a facility shall not possess or accept used oil regulated under this rule.
3. (c) The holder of a used oil registration that has been revoked by the commission may reapply for registration pursuant to this rule as if applying for the first time, after a period of at least one year from the date of revocation. If a registration is revoked by the commission a second time, the revocation shall be permanent.

4. (d) Appeal of a suspension or revocation of registration procedures are as follows.

   1. (1) An opportunity for a formal hearing on the suspension or revocation of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of proposed suspension or revocation of registration has been sent from the executive director to the last known address of the applicant.
   2. (2) An opportunity for a formal hearing may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial of registration suspension or revocation has been sent from the executive director to the last known address listed on the application. If the registration is denied, a person shall not possess used oil regulated under this rule.
   3. (3) The formal hearing under this paragraph shall be in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2002 (Vernon 1992), the Texas Solid Waste Disposal Act, Texas Health, and Safety Code, Chapters 361 and 371 (Vernon 1992), and the rules of the commission.

Source Note:The provisions of this §324.21 adopted to be effective March 6, 1996, 21 TexReg 2393.