§ 431.279 Refusal to License; Suspension or Revocation of License

Codes > Texas Statutes and Codes > Health and : Title 6 > Subtitle A : Chapter 431 > Subchapter L : 431.279

§ 431.279. Refusal to License; Suspension or Revocation of License

    (a) The commissioner may refuse an application or may suspend or revoke a license if the applicant or licensee:

        (1) has been convicted of a felony or misdemeanor that involves moral turpitude;

        (2) is an association, partnership, or corporation and the managing officer has been convicted of a felony or misdemeanor that involves moral turpitude;

        (3) has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs;

        (4) is an association, partnership, or corporation and the managing officer has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs; or

        (5) has not complied with this chapter or the board's rules implementing this chapter.

    (b) The commissioner may refuse an application for a license or may suspend or revoke a license if the commissioner determinesfrom evidence presented during a hearing that the applicant or licensee:

        (1) has violated Section 431.021(l)(3), relating to the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug;

        (2) has violated Chapter 481 (Texas Controlled Substances Act) or 483 (Dangerous Drugs); or

        (3) has violated the rules of the director of the Department of Public Safety, including being responsible for a significant discrepancy in the records that state law requires the applicant or licensee to maintain.

    (c) The refusal to license an applicant or the suspension or revocation of a license by the commissioner and the appeal from that action are governed by the board's formal hearing procedures and the procedures for a contested case hearing under Chapter 2001, Government Code.