(a) The department may initiate suspension proceedings against the license of a dispensing organization if the licensee or its registrant:
  (1) Willfully or knowingly submits false, inaccurate, or incomplete information to the department or records such information on any records required to be maintained under this chapter;
  (2) Fails to maintain the records required under this chapter; or
  (3) Violates any provision of the Act, of this chapter, or §§481.120, 481.121, 481.122, or 481.125 of the Texas Health and Safety Code.
(b) For the first violation of subsection (a) of this section, the license may be suspended for a period not to exceed thirty (30) days.
(c) For multiple first time violations, or for a second violation of subsection (a) of this section occurring within two (2) years of an earlier violation for which a final order has been issued, the license may be suspended for a period not to exceed ninety (90) days.
(d) For multiple, repetitive violations, or for a third violation of subsection (a) of this section occurring within two (2) years of two (2) earlier violations for which final orders have been issued, the license may be suspended for a period not to exceed one hundred eighty (180) days.
(e) Upon receipt of a notice of suspension under this section, the licensee will be provided with thirty (30) days to address the violation or request a hearing before SOAH. The failure to timely appeal the proposed action will result in the issuance of a final order.
(f) Registrants may be suspended if charged by misdemeanor information or felony indictment with a disqualifying offense as provided in §12.3 of this title (relating to Criminal History Disqualifiers).

Source Note: The provisions of this §12.22 adopted to be effective January 10, 2016, 41 TexReg 493