(a) A plumbing fixture listed in §290.253 of this title (relating to Plumbing Fixture List) shall be removed from the list if:
  (1) the commission finds the manufacturer's or importer's certification to be inaccurately certified;
  (2) the agency finds that the fixture does not meet the standards set forth in §290.252(b) of this title (relating to Design Standards).
(b) Prior to removal of the plumbing fixture from the list, a manufacturer or importer shall have the right to seek a hearing with the commission. A hearing held pursuant to this section shall be held in accordance with the Administrative Procedure Act (APA) and the commission's formal hearing procedures.

Source Note: The provisions of this §290.254 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935; amended to be effective April 25, 2010, 35 TexReg 3066