(a) Basis for suspension. The certificate shall be suspended if the operator practices fraud or deceit against the department or the public; or fails to use reasonable care, judgment or application of knowledge in the performance of their duties.     
      (b) Basis for denial. The certificate shall be denied if it is found:      
        (1) that the application is incomplete or false;       
        (2) that the operator obtained the certificate through fraud or deceit; or       
        (3) that the operator practiced fraud or deceit; or failed to use reasonable care, judgment or application of knowledge in the performance of their duties.       
      (c) Basis for revocation. The certificate shall be revoked if it is found:      
        (1) that the certificate was issued in error;       
        (2) that the operator obtained the certificate through fraud, deceit or through the submission of incorrect data on the application; or       
        (3) that the operator practiced fraud and deceit, or failed to use reasonable care, judgment or application of knowledge in the performance of their duties.       
      (d) Examination of charges. When the department has reason to believe that charges against an operator may be valid, the department shall notify the operator by personal service or certified mail at his last known address:      
        (1) of the charges;       
        (2) that it intends to conduct an examination of the charges; and       
        (3) that the operator may request a formal hearing.       
      (e) Formal hearings. The department shall conduct hearings in accordance with the Administrative Procedure Act, Texas Government Code §§2001.051 - 2001.902; and the department's formal hearing procedures in §§1.21, 1.23, 1.25 and 1.27 of this title (relating to Formal Hearing Procedures).     
     Source Note:        The provisions of this §229.91 adopted to be effective February 7, 2000, 25 TexReg 798; amended to be effective July 3, 2003, 28 TexReg 4908; amended to be effective June 4, 2006, 31 TexReg 4432