(a) If the department has reason to believe that motor fuel is being sold or kept, offered, or exposed for sale in violation of this chapter, including a rule adopted under this chapter, or that motor fuel is being sold or offered for sale by or through the use of a motor fuel metering device that is in violation of this chapter, including a rule adopted under this chapter, the department may issue an order to stop the sale of the motor fuel to the dealer or operator of the retail motor fuel facility selling the motor fuel or offering the motor fuel for sale. The dealer or operator receiving the order may not sell the motor fuel or offer the motor fuel for sale until:
(1) the department finds that the motor fuel or motor fuel metering device is in compliance with this chapter; or
(2) the dealer or operator prevails in an appeal of the department’s order under Subsection (b).
(a-1) In implementing this section, the department or an authorized representative of the department shall:
(1) follow the procedures adopted by the department for collecting, sampling, and handling motor fuel;
(2) obtain the approval of the executive director or the executive director’s designee before taking any action under this section; and
(3) place a tag or other notice on each motor fuel dispensing device subject to an order issued by the department under this section.

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Terms Used In Texas Occupations Code 2310.060

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(a-2) For purposes of this section, a person is an authorized representative of the department if the person:
(1) holds a license under Subchapter D; and
(2) is acting on behalf of the department under this section.
(b) A dealer or operator prohibited from selling motor fuel by an order of the department issued under this section is entitled to appeal the order to the State Office of Administrative Hearings.
(b-1) If a dealer or operator appeals an order issued by the department under this section, the executive director shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the order not later than the 10th day after the date the department receives notice of the appeal. The order shall be affirmed to the extent that reasonable cause existed to issue the order. A proceeding under this subsection is a contested case under Chapter 2001, Government Code.
(b-2) The commission shall adopt rules necessary to implement this section.
(c) This section does not limit the right of the department to proceed as authorized by other sections of this code.

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