Sec. 712.045. REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORITY. (a) The commissioner by order may revoke or suspend a certificate of authority issued under this chapter if the commissioner determines through an investigation or other credible evidence that the certificate holder:
(1) violated this chapter, a rule adopted or order issued under this chapter, or another law of this state relating to cemeteries;
(2) misrepresented or concealed a material fact in the certificate application; or
(3) obtained or attempted to obtain the certificate by misrepresentation, concealment, or fraud.
(b) An order issued under Subsection (a) must state:
(1) with reasonable certainty, the grounds for the order; and
(2) the effective date of the order, which may not be earlier than the 16th day after the date the order is mailed.
(c) The commissioner shall provide an order described by Subsection (a) to the person named in the order by certified mail, return receipt requested, at the person's last known address.
(d) A person may request a hearing on an order described by Subsection (a) not later than the 15th day after the date the order is mailed. If the person requests a hearing, the order is stayed until the hearing is resolved. A hearing is a contested case under Chapter 2001, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 4, eff. September 1, 2019.
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