1. (a) If the commission's Standards Division (the division) proposes to suspend, revoke, limit, or deny a certificate based on the criteria in this chapter, the division shall notify the individual at his or her last known address as shown in the commission's records, by registered or certified mail. The notice of intended action shall specify the facts or conduct alleged to warrant the intended action.
2. (b) If the proposed action is to limit, suspend, revoke, or refuse to renew a current certificate, the notice of intended action shall comply with the preliminary notice requirements of Government Code §2001.054(c). The individual may request an informal conference with the commission staff in order to show compliance with all requirements of law for the retention of the certificate, pursuant to Government Code §2001.054(c). The request for an informal staff conference must be submitted to the division director no later than 15 days after the date of the notice of intended action. If the informal staff conference does not result in an agreed consent order, a formal hearing shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.
3. (c) An individual who does not hold a current certificate may request a formal hearing in order to contest the proposed action of the division. The request must be submitted in writing to the division director no later than 15 days after the date of the notice. A formal hearing shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.
4. (d) If the individual does not request an informal staff conference or a formal hearing in writing within the time specified in this section, the individual is deemed to have waived the opportunity for a hearing, and the proposed action will be taken.

5. (e) If the commission limits, suspends, revokes, or denies a certificate under this chapter, the executive director shall give the person written notice:

   1. (1) of the reasons for the decision;
   2. (2) that the person may appeal the decision of the executive director to the commission in accordance with §401.93 of this title (relating to Appeals to the Commission) within 30 days from the date the decision of the executive director is final and appealable;
   3. (3) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County, Texas, for judicial review of the evidence presented to the commission and its decision and that such petition must be filed with the court no later than 30 days after the commission's action is final and appealable.

Source Note:The provisions of this §403.11 adopted to be effective May 23, 1999, 24 TexReg 3860.