# 25 Tex. Admin. Code § 229.428: 25 TAC § 229.428. Refusal, Cancellation, Suspension or Revocation of License

> Texas · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_428

## Section

- **Citation:** 25 Tex. Admin. Code § 229.428
- **Heading:** 25 TAC § 229.428. Refusal, Cancellation, Suspension or Revocation of License
- **Jurisdiction:** Texas
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Texas Administrative Code / Title 25 HEALTH SERVICES / Part 1 DEPARTMENT OF STATE HEALTH SERVICES / Chapter 229 FOOD AND DRUG / 25 TAC § 229.428

## Text

(a) The commissioner may refuse an application for a wholesale distributor of prescription drugs license or may suspend or revoke such a license if the applicant or license holder:
(1) has been convicted of a felony or misdemeanor involving moral turpitude;
(2) is an association, partnership, or corporation and the managing officer or any officer or director of a corporation has been convicted of a felony or misdemeanor involving moral turpitude;
(3) is an association, partnership, or corporation and the managing officer or any officer or director of a corporation has been convicted of a felony or misdemeanor involving 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) has violated any of the provisions of the Texas, Food, Drug, and Cosmetic Act, Texas Health and Safety Code Chapter 431 (Act) or this subchapter;
(5) has violated the Texas Health and Safety Code §431.021(l)(3), (jj), and (kk), concerning the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug;
(6) has violated the Texas Controlled Substances Act, Texas Health and Safety Code Chapter 481, or the Texas Dangerous Drug Act, Texas Health and Safety Code Chapter 483;
(7) 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 license holder to maintain;
(8) fails to complete a license application or submits an application containing false, misleading, or incorrect information or containing information not verifiable by the department;
(9) has furnished false or fraudulent information in any application made in connection with drug manufacturing or distribution;
(10) has failed to pay a license fee or a renewal fee for a license; or
(11) has obtained or attempted to obtain a license by fraud or deception.
(b) The department may, after providing opportunity for hearing, refuse to license a wholesale distributor of prescription drugs, or may suspend or revoke a license for violations of the requirements in this subchapter or for any of the reasons described in the Act.
(c) Any hearings for the refusal, suspension, or revocation of a license are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures).
(d) If the department suspends a license, the suspension remains in effect until the department determines the reason for the suspension no longer exists. If the suspension overlaps a renewal date, the suspended license holder must comply with the renewal procedures in §229.425 of this subchapter (relating to Licensing Procedures); however, the department may choose not to renew the license until the department determines the reason for suspension no longer exists.
(e) If the department revokes or does not renew a license, a person may reapply for a license by complying with the requirements and procedures in §229.425 of this subchapter at the time of reapplication. The department may refuse to issue a license if the reason for revocation or non-renewal continues to exist.
(f) A license issued under this subchapter must be returned to the department if the person's place of business:
(1) ceases business or otherwise ceases operation on a permanent basis;
(2) relocates; or
(3) changes name or ownership. For a corporation, an ownership change is deemed to have occurred, resulting in the necessity to return the license to the department, when 5.0 percent or more of the share of stock of a corporation is transferred from one person to another.
(g) The commissioner may suspend or revoke a license if the license holder no longer meets the qualification for obtaining a license under Texas Health and Safety Code §431.405.

## Nearby sections

- [25 Tex. Admin. Code § 229.419 25 TAC § 229.419. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_419.md)
- [25 Tex. Admin. Code § 229.420 25 TAC § 229.420. Applicable Laws and Regulations](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_420.md)
- [25 Tex. Admin. Code § 229.421 25 TAC § 229.421. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_421.md)
- [25 Tex. Admin. Code § 229.422 25 TAC § 229.422. Sale of a Prescription Drug](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_422.md)
- [25 Tex. Admin. Code § 229.423 25 TAC § 229.423. Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_423.md)
- [25 Tex. Admin. Code § 229.424 25 TAC § 229.424. Licensure Requirements](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_424.md)
- [25 Tex. Admin. Code § 229.425 25 TAC § 229.425. Licensing Procedures](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_425.md)
- [25 Tex. Admin. Code § 229.426 25 TAC § 229.426. Report of Changes](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_426.md)
- [25 Tex. Admin. Code § 229.427 25 TAC § 229.427. Licensure Fees](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_427.md)
- [25 Tex. Admin. Code § 229.428 25 TAC § 229.428. Refusal, Cancellation, Suspension or Revocation of License](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_428.md)
- [25 Tex. Admin. Code § 229.429 25 TAC § 229.429. Minimum Standards for Licensure](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_429.md)
- [25 Tex. Admin. Code § 229.430 25 TAC § 229.430. Enforcement and Penalties](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_430.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_428. Check the current official text before relying on it. Not legal advice.
