1. (a) Refusal to issue.

   1. (1) The department may refuse issuance or renewal, as applicable, of a permit to any person or for any facility if the department determines that a prospective activity constitutes a threat to native species, habitats, or ecosystems or is inconsistent with department management goals and objectives.

   2. (2) The department may refuse issuance, amendment, or renewal, as applicable, of a permit to any person:

      1. (A) who has been convicted of, pleaded guilty or nolo contendere to, received deferred adjudication or pre-trial diversion for, or been assessed an administrative or civil penalty for a violation of:

         1. (i) this subchapter;
         2. (ii) Parks and Wildlife Code, §§66.007, 66.0072, or 66.015;
         3. (iii) Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or felony;
         4. (iv) Penal Code, §37.10;
         5. (v) Lacey Act, 16 U.S.C. §§3371-3378; or
         6. (vi) a provision of federal law applicable to grass carp.
      2. (B) if another person employed, authorized, or otherwise utilized to perform permitted activities by the applicant has been convicted of, pleaded guilty or nolo contendere to, or received deferred adjudication or pre-trial diversion for an offense listed in subsection (a)(2)(A) of this section.
   3. (3) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is not eligible for a permit under the provisions of this subchapter.
   4. (4) The department may refuse to renew the permit of any person who is not in compliance with applicable reporting or recordkeeping requirements.

   5. (5) The duration of the denial period may be:

      1. (A) determined by the department based upon the severity and relevance of the conviction and the applicant's conviction and permit compliance history; and
      2. (B) up to a period of five calendar years.

2. (b) Review of agency decision to refuse issuance.

   1. (1) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).
   2. (2) An applicant seeking review of a decision of the department must submit a written request for review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.
   3. (3) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.
   4. (4) The department shall seek to conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection unless another date is established in writing by mutual agreement between the department and the requestor.
   5. (5) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with knowledge of relevant resources or programs, appointed or approved by the executive director or designee.
   6. (6) The decision of the review panel is final.

Source Note:The provisions of this §57.124 adopted to be effective January 27, 2021, 46 TexReg 556.