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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.69Compliance: Reprimand, Suspension, Revocation, Probation

(a) After notice to the licensee or registrant of an opportunity for a hearing in accordance with subsection (e) of this section, the Texas Department of Health (department) may deny or shall reprimand the licensee or registrant or modify, suspend, suspend on an emergency basis, refuse to renew, or revoke a license or registration under the Texas Asbestos Health Protection Act.

(b) If the department suspends a license on an emergency basis, the suspension is effective immediately. The department shall then provide an opportunity for a hearing in accordance with subsection (e) of this section within 20 days after the date of the emergency suspension.

(c) The department may deny or shall reprimand any licensee or registrant, or shall modify, suspend, suspend on an emergency basis, refuse to renew, or revoke a license if the licensee, registrant, or applicant engages in the behavior listed below. If a license or application has been denied, revoked or suspended for the reasons listed below, the licensee/applicant named in the revocation is not eligible to reapply for licensing for the time periods listed. If the licensee or applicant:

  (1) has fraudulently or deceptively obtained or attempted to obtain a license, registration, or a contract to perform an asbestos-related activity - ineligible to reapply for three years;

  (2) fails at any time to meet the qualifications for a license - ineligible to reapply until qualifications are met;

  (3) fails to comply with these rules - ineligible to reapply for three years;

  (4) fails to comply with any applicable federal or state standard for licensed asbestos activities - ineligible to reapply for three years;

  (5) fails to maintain the records required by a federal agency or by the department for the licensed asbestos activities - ineligible to reapply for one year;

  (6) falsifies the records required by a federal agency or by the department for the licensed asbestos activities - ineligible to reapply for three years; or

  (7) has been convicted within the past five years of a felony or misdemeanor arising from an asbestos-related activity - ineligible to reapply for three years.

(d) The contested-case hearing provisions of the Administrative Procedure Act, Texas Government Code, Chapter 2001, shall apply to any enforcement action proposed to be taken under this section. The formal hearing procedures of the department in Chapter 1 of this title (relating to the Board of Health) shall also apply.

(e) Probation. The department may place on probation a person whose license or registration is suspended. If a suspension is probated, the department may require the person:

  (1) to report regularly to the department on matters that are the basis of the probation;

  (2) to limit practice to the areas prescribed by the board; or

  (3) to continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.


Source Note: The provisions of this §295.69 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549

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