1. (a) Automatic termination of approved personnel status occurs with any one of the following events:

   1. (1) the approved person is separated from employment with the commission or Veterinary Services, or is a technician who is separated from employment with an approved veterinarian;
   2. (2) the license of an approved veterinarian issued by the Texas State Board of Veterinary Medical Examiners is revoked or suspended by that board; or
   3. (3) an approved veterinarian's accreditation is revoked by Veterinary Services.

2. (b) Suspension or revocation of approved personnel status may be made upon a determination that violations including, but not limited to, the following have occurred:

   1. (1) submitting fraudulent blood samples;
   2. (2) failing to report test results;
   3. (3) providing card test kits or antigen to persons or entities not approved by the commission;
   4. (4) distributing vaccine to persons or entities not approved by the commission;
   5. (5) knowingly performing calfhood vaccination on over-age heifers;
   6. (6) using out of date vaccine;
   7. (7) failing to identify vaccinated heifers as required by regulation;
   8. (8) failing to submit vaccination charts within 14 days following vaccination;
   9. (9) failing to submit test documents within seven days following testing;
   10. (10) fraudulently reporting that animals have been vaccinated or tested;
   11. (11) submitting blood samples that are adulterated or hemolyzed or that have insufficient serum to conduct confirmation testing where the number of such samples exceeds 5.0% of samples submitted during the previous six-month period or 30% in any one submission;
   12. (12) having more than three discrepancies in confirmation test results over a six-month period;
   13. (13) falsifying a test chart, vaccination chart, or health certificate;
   14. (14) submitting fraudulent claims for reimbursement for testing or vaccinating for brucellosis;
   15. (15) conducting the card test at a livestock market prior to receiving complete ownership information or backtag identification; or
   16. (16) violating a rule of the commission.
3. (c) Suspension of an approved veterinarian's accreditation by Veterinary Services will result in suspension or revocation of approved personnel status.
4. (d) The executive director may, upon written notice and pending final determination of the suspension or revocation, summarily suspend approved personnel status when it is deemed necessary to protect the safety, health, and interest of the public.
5. (e) The executive director, upon the completion of the investigation of an alleged violation, will inform the approved person by certified mail of specific instances when violations of statutes or regulations appear to have occurred that may warrant suspension or revocation of the approved personnel status.
6. (f) An approved person shall have 20 days from date of receipt of the notice to respond to the executive director and request a meeting to discuss the alleged violations. The meeting will be held at the Texas Animal Health Commission office in Austin. Failure on the part of an approved person to timely respond to the notice may cause an order of revocation to be issued by the executive director.
7. (g) After the conclusion of the meeting, the executive director will decide the appropriate action to be taken. Such action may include a warning, suspension, or revocation. A suspension may be in effect for a period of up to one year. A revocation may be in effect for a period of up to two years. The written decision will be mailed to the approved person within 15 days after the meeting.
8. (h) An approved person who receives an adverse decision from the executive director has 15 days from receipt of the decision to file written notice of appeal with the executive director. The administrative hearing for the appeal will be held in Austin, pursuant to Chapter 32 of this title (relating to Hearing and Appeal Procedures).

Source Note:The provisions of this §47.5 adopted to be effective December 18, 1992, 17 TexReg 8288.