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RULE §140.108Application Approval or Disapproval

(a) The department shall approve or disapprove all applications received for registration as a sanitarian and sanitarian-in-training.

(b) Notices of application approval, disapproval, or deficiency shall be in accordance with §140.109 of this title (relating to Processing Applications).

(c) An application for registration shall be disapproved if the person has:

  (1) not met the requirements in §140.105 of this title (relating to Qualifications for Registration as a Sanitarian or a Sanitarian-in-Training);

  (2) failed to pass the examination prescribed by the department as set out in §140.107 of this title (relating to Examinations);

  (3) failed to or refused to properly complete or submit any application form, documents, or fee or deliberately presented false information on any form or document required by the department;

  (4) violated any provisions of the Occupations Code, Chapter 1953, or this subchapter;

  (5) been convicted of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a registered sanitarian or sanitarian-in-training as set out in §140.115 of this title (relating to Registration of Persons with Criminal Backgrounds); or

  (6) had a certificate or license to engage in a profession in this state or elsewhere revoked for unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of the profession; or

  (7) satisfactory proof is presented to the board establishing that the person has been found guilty of unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of a profession.

(d) If after review, the department determines that the application should be denied, the department shall give the applicant written notice of the reason for the decision and provide notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedure Act (APA), Government Code, Chapter 2001, applicable state and federal statutes, the Rules of Practice and Procedures of the State Office of Administrative Hearings (SOAH) and this chapter.

Source Note: The provisions of this §140.108 adopted to be effective July 5, 2007, 32 TexReg 3998

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