31 Tex. Admin. Code § 56.4 - Review of Agency Decision to Deny Issuance or Renewal of License or Permit

(a) An applicant may request a review of a decision of the department to refuse issuance of a license or permit.

(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a license or permit must submit a written request for the review within 10 working days of being notified by the department that the application has been denied.

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

(3) The department shall conduct the review within 30 working days of receipt of the request required by paragraph (1) 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 the area or subject matter germane to the permit or license, appointed or approved by the executive director, or designee. The department employee that made the decision to refuse to issue or renew the license or permit shall not be a member of the review panel.

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

(b) In conducting a review of a decision by the department to refuse to issue or renew a license or permit, the department shall consider:

(1) any applicable factors listed under § 56.2(d) of this title (relating to Refusal to Issue or Renew Permit or License);

(2) the applicant's efforts toward rehabilitation;

(3) the likelihood that the applicant would repeat the conduct upon which the refusal is based;

(4) whether the conduct on which the refusal is based involved a threat to public safety; and

(5) other mitigating factors.

Notes

31 Tex. Admin. Code § 56.4

Adopted by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7737, eff. 11/21/2022