Section 337.17 - Property Owner or Preceding Property Owner Registration Certificate(a) Before the executive director evaluates a registration to determine if a registration certificate should be issued, each registration must be administratively complete. A registration is not administratively complete if: (1) the registration form has not been completed and submitted to the agency in accordance with this chapter;(2) the registration form does not contain all requested information with clear, legible, and true responses; or(3) all fees, penalties, and interest owed to the agency have not been paid.(b) Upon the executive director's determination that a submitted registration is administratively complete, a registration certificate will be issued to the property owner or preceding property owner, as applicable, for the site covered by the registration form, as long as the executive director has no reason to deny the registration certificate under this section. This certificate is necessary for a property owner or preceding property owner to apply for corrective action under the Dry Cleaning Facility Release Fund.(c) A property owner or preceding property owner shall immediately display, upon request by agency staff, a valid agency registration certificate for a property.(d) Revocation or denial of certificate by the executive director.(1) The executive director may revoke or deny issuance of a certificate: (A) if the certificate was acquired by fraud, misrepresentation, or knowing failure to disclose material information;(B) if the property owner or preceding property owner is in violation of any of the requirements of this chapter or Texas Health and Safety Code, Chapter 374, including late remittance and non-remittance of fees; or(C) for any reason the executive director determines to be good cause for denial or revocation.(2) Prior to the revocation or denial of a certificate pursuant to this subsection, the executive director shall provide notice to the property owner or preceding property owner of the facts alleged to warrant revocation or denial. The notice must be in writing and sent via certified mail, return receipt requested. If the certified mail is returned to the executive director as unclaimed, notice is presumed to be received by the property owner or preceding property owner five days after mailing when: (A) the notice was sent to the address indicated on the property owner or preceding property owner's most current registration; and(B) the notice was sent simultaneously via first class mail, postage paid.(3) The property owner or preceding property owner shall have 30 days after receipt of notice to demonstrate to the executive director whether or not compliance has been maintained with all requirements of law for the retention of the certificate. The executive director shall make a determination whether to revoke or deny the certificate and shall provide such determination in writing to the property owner or preceding property owner.(4) The property owner or preceding property owner may appeal for commission review of the executive director's determination to revoke or deny a certificate pursuant to this subsection. An appeal must be in writing and filed by United States mail, facsimile, or hand delivery with the commission's Office of the Chief Clerk no later than 23 days after the date the agency mails notice of the executive director's determination to revoke or deny a certificate. The original and 11 copies of the appeal must be filed. If the appeal is filed by facsimile, the property owner or preceding property owner must file with the Office of the Chief Clerk the original and 11 copies by mail or hand delivery within three days. If an appeal meeting the requirements of this subsection is not filed within the time period specified, the executive director's determination is final. (A) In addition to filing the appeal with the Office of the Chief Clerk, the property owner or preceding property owner shall mail or deliver a copy of the appeal to:(i) the executive director; and(ii) the Office of the Public Interest Counsel.(B) The appeal filed under this subsection must:(i) include a copy of the property owner or preceding property owner's registration information;(ii) specify the executive director determination for which commission review is being sought;(iii) request commission consideration of the executive director determination; and(iv) explain the basis for the appeal.(C) A proceeding based upon an appeal filed under this subsection is not a contested case for purposes of Texas Government Code, Chapter 2001.(e) In addition to subsection (d) of this section, the executive director may seek to revoke a certificate by filing a petition in accordance with the procedures set forth in Chapter 70 of this title (relating to Enforcement) if the executive director determines that any of the reasons in subsection (d)(1) of this section exist.(f) Revocation of a certificate under subsection (d) or (e) of this section is cumulative of any other remedies available to the agency by law.30 Tex. Admin. Code § 337.17
The provisions of this §337.17 adopted to be effective June 26, 2008, 33 TexReg 4898