(a) The department may revoke an authorization if the vendor:
- (1) Fails to submit the required reports to the department pursuant to §10.12 of this title (relating to Vendor Standards);
- (2) Willfully or knowingly submits false, inaccurate, or incomplete information to the department;
- (3) Violates any provision of §10.12 of this title;
- (4) Fails to pay the annual inspection fee as provided in §10.15 (relating to Inspections and Fees);
- (5) Violates any law of this state relating to the conduct of business in this state; or
- (6) Otherwise violates the Act or this chapter.
- (b) Prior to taking action against an authorization for a violation of subsection (a) of this section, the department will provide notice pursuant to §10.3 of this title (relating to Notice).
(c) The department's determination to revoke an authorization may be based on the following considerations:
- (1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
- (2) The economic harm to property or the public caused by the violation;
- (3) The effect of the violation on the efficient administration of the program;
- (4) The history of previous violations, including any warnings or other attempts to gain compliance;
- (5) Efforts to correct the violation; and
- (6) Any other matter that justice may require.
- (d) The revocation will become final on the thirtieth calendar day following the vendor's receipt of the notice of revocation, unless the vendor requests a hearing as outlined in §10.4 of this title (relating to Hearings).
- (e) The revocation proceeding may be dismissed, or the revocation may be probated, upon a showing of compliance.
Source Note:The provisions of this §10.14 adopted to be effective July 7, 2016, 41 TexReg 4862.