Tex.
Health & Safety Code Section 147.0102
Summary Suspension of Permit
(a)
The comptroller may suspend a permit holder’s permit without notice or a hearing for the permit holder’s failure to comply with this chapter or a rule adopted under this chapter if the permit holder’s continued operation constitutes an immediate and substantial threat.(b)
If the comptroller summarily suspends a permit holder’s permit, proceedings for a preliminary hearing before the comptroller or the comptroller’s representative must be initiated simultaneously with the summary suspension. The preliminary hearing shall be set for a date not later than the 10th day after the date of the summary suspension, unless the parties agree to a later date.(c)
At the preliminary hearing, the permit holder must show cause why the permit should not remain suspended pending a final hearing on suspension or revocation.(d)
Chapter 2001 (Administrative Procedure), Government Code, does not apply to a summary suspension under this section.(e)
To initiate a proceeding to suspend summarily a permit holder’s permit, the comptroller shall serve notice on the permit holder informing the permit holder of the right to a preliminary hearing before the comptroller or the comptroller’s representative and of the time and place of the preliminary hearing. The notice must be personally served on the permit holder or an officer, employee, or agent of the permit holder or sent by certified or registered mail, return receipt requested, to the permit holder’s mailing address as it appears in the comptroller’s records. The notice must state the alleged violations that constitute the grounds for summary suspension. The suspension is effective at the time the notice is served. If notice is served in person, the permit holder shall immediately surrender the permit to the comptroller. If notice is served by mail, the permit holder shall immediately return the permit to the comptroller.(f)
Section 147.0101 (Final Suspension or Revocation of Permit), governing hearings for final suspension or revocation of a permit under this chapter, governs a final administrative hearing.
Source:
Section 147.0102 — Summary Suspension of Permit, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.147.htm#147.0102 (accessed Jun. 5, 2024).
