(a) The department may deny a permit renewal application, suspend or revoke a permit, or place a permit on probation for a violation of the Act or this subchapter. The department may also impose an administrative penalty of not more than $1,000 for a violation of the Act.
(b) Prior to institution of formal proceedings to deny a renewal application, revoke, suspend, or place on probation or impose an administrative penalty, the department shall give written notice to the permit holder by certified mail, return receipt requested, of the facts or conduct alleged to warrant the proposed action, and the permit holder shall be given an opportunity, as described in the notice, to show compliance with all requirements of the Act and this subchapter.
(c) If disciplinary action of a permit holder is proposed, the department shall give written notice by certified mail, return receipt requested, that the permit holder must request, in writing, a formal hearing within 30 days of receipt of the notice, or the right to a hearing shall be waived and the action shall be taken.
(d) The department may request the Attorney General to bring an action for an injunction to prohibit a person from violating the Act or this subchapter.
(e) The department may not deny a permit renewal application or suspend, revoke, or probate a permit or impose administrative penalties against a permit holder based on the refusal of the permit holder to:
  (1) submit to a genetic test; or
  (2) reveal:
    (A) whether the applicant or permit holder has submitted to a genetic test; or
    (B) the results of any genetic test to which the applicant or permit holder has submitted.
(f) The department may impose an emergency suspension for a violation of the Act or this subchapter in accordance with the procedures established in Occupations Code, §353.2025.

Source Note: The provisions of this §140.261 adopted to be effective December 2, 2007, 32 TexReg 8518