This section requires written notice before certain inspection certificates are denied, revoked, or suspended, and it gives the affected person a right to an administrative hearing.
Sec. 548.407. HEARING ON DENIAL, REVOCATION, OR SUSPENSION OF CERTIFICATE. (a) Before an application for certification as an inspection station or inspector is denied, the director or a person the director designates shall give the person written notification of: (1) the proposed denial; (2) each reason for the proposed denial; and (3) the person's right to an administrative hearing to determine whether the evidence warrants the denial. (b) Before a certificate of appointment as an inspector or inspection station is revoked or suspended, the director or a person the director designates shall give written notification to the inspector or inspection station of the revocation or the period of suspension. The notice shall include: (1) the effective date of the revocation or the period of the suspension, as applicable; (2) each reason for the revocation or suspension; and (3) a statement explaining the person's right to an administrative hearing to determine whether the evidence warrants the revocation or suspension. (c) Notice under Subsection (a) or (b) must be made by personal delivery or by mail to the last address given to the department by the person. (d) The commission may provide that a revocation or suspension takes effect on receipt of notice under Subsection (b) if the commission finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare. Violations that present a threat to public health, safety, or welfare include: (1) issuing a passing vehicle inspection report or submitting inspection information to the department's database with knowledge that the issuance or submission is in violation of this chapter or rules adopted under this chapter; (2) falsely or fraudulently representing to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection; (3) issuing a vehicle inspection report or submitting inspection information to the department's database: (A) without authorization to issue the report or submit the information; or (B) without inspecting the vehicle; (4) issuing a passing vehicle inspection report or submitting inspection information to the department's database for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary; (5) knowingly issuing a passing vehicle inspection report or submitting inspection information to the department's database: (A) for a vehicle without conducting an inspection of each item required to be inspected; or (B) for a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with state law or department rules; (6) refusing to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction; (7) charging for an inspection an amount greater than the authorized fee; (8) a violation of Subchapter F; (9) a violation of Section 548.603; or (10) a conviction of a felony or a Class A or B misdemeanor that directly relates to or affects the duties or responsibilities of a vehicle inspection station or inspector or a conviction of a similar crime under the jurisdiction of another state or the federal government. (e) The commission may adopt rules to implement this section. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (i) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (j) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (k) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. (l) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1069, Sec. 12, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1189, Sec. 32, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 35, eff. March 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.006, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(6), eff. September 1, 2019.