31 Tex. Admin. Code § 55.208 - Refusal to Renew Permit; Review of Agency Decision to Refuse Permit Renewal

(a) In addition to refusal of permit renewal under the provisions of § 55.202(c) of this title (relating to Period of Validity; Renewal and Transfer of Permits), the department may refuse to renew a permit under this subchapter if:

(1) an applicant is liable to the state under Parks and Wildlife Code § 12.301;

(2) an applicant has been finally convicted or assessed an administrative penalty for a violation of:

(A) a provision of the Parks and Wildlife Code that is punishable as a Parks and Wildlife Code:

(i) Class A or B misdemeanor;

(ii) state jail felony; or

(iii) felony; or

(B) a violation of Water Code, § 26.121.

(b) In determining whether to renew a permit under this section, the department may consider:

(1) the number of final convictions or administrative penalties;

(2) the seriousness of the conduct on which the final conviction or administrative penalty is based;

(3) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a)(2) of this section;

(4) the length of time between the most recent final conviction or administrative penalty and the application for permit renewal;

(5) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;

(6) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant; and

(7) other mitigating factors.

(c) The department shall provide to the applicant a written statement of the reasons for a decision to deny the renewal of a permit.

(d) An applicant for a permit renewal may request a review of a decision of the department to refuse permit renewal.

(1) An applicant seeking review of a decision of the department with respect to permit renewal must request the review within 10 working days of being notified by the department that the application for permit renewal has been denied. The review request must be in writing and addressed to: Marine Enforcement, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744.

(2) Within 10 working days of receiving a request for review under this subsection, the department shall establish a date and time for the review.

(3) The department shall conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.

(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in marine regulations, appointed or approved by the executive director, or the executive director's designee.

(5) The decision of the review panel is final.

Notes

31 Tex. Admin. Code § 55.208

Adopted by Texas Register, Volume 42, Number 14, April 7, 2017, TexReg 1902, eff. 4/10/2017