1. (a) No permits for activities governed under this subchapter may be issued to any person unless the person has met the requirements of this section. An applicant for a permit under this subchapter shall submit to the department:

   1. (1) a completed application on a form supplied by the department;
   2. (2) a letter of recommendation from each of two persons in an appropriate biological or professional field attesting to the applicant's qualifications, abilities, and experience;
   3. (3) a letter of approval, if the research involves live protected wildlife, from a university animal use committee or similar oversight entity. In the event that the applicant is an independent researcher, the applicant shall enter into a Memorandum of Understanding with the department concerning the use of live protected wildlife; and
   4. (4) a written justification explaining how the species of protected wildlife will benefit from the activity. The department may at its discretion choose to deny permit issuance when it disagrees with the justification.

2. (b) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for a violation of:

   1. (1) Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;
   2. (2) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;
   3. (3) Parks and Wildlife Code, §63.002; or
   4. (4) the Lacey Act (16 U.S.C. §§3371-3378).
3. (c) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for an offense listed in subsection (b) of this section.
4. (d) 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 prohibited by the provisions of this section from engaging in permitted activities.
5. (e) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.
6. (f) 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).

7. (g) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.

   1. (1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.
   2. (2) The department shall conduct the review within 30 days of receipt of the request required by subsection (f) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.
   3. (3) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the subject of the permit, appointed or approved by the executive director, or designee.
   4. (4) The decision of the review panel is final.

Source Note:The provisions of this §69.303 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective April 23, 2001, 26 TexReg 3028; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective September 19, 2019, 44 TexReg 5402.