16 Tex. Admin. Code § 401.152 - Application for License
(a) An applicant for
a license under this subchapter must apply to the Commission using forms
provided by the Commission.
(b) The
executive director or his/her designee shall develop all forms and related
documents including, but not limited to, an application form, release form to
obtain a credit report, and/or any other background information relating to the
applicant required to determine the applicant's eligibility for a license and
whether the granting of a license to the applicant will best serve the public
convenience. An applicant must disclose all criminal convictions for those
individuals of whom an investigation is authorized under the Government Code,
§
466.201, and which
are requested in the application.
(c) An applicant shall, under penalty of
perjury, complete, sign, date, and submit all forms and related information and
documents required. By signing and submitting the application form, the
applicant agrees to allow the director of the Lottery Operations Division
(hereinafter "director") to investigate the credit, criminal, and tax
background of the applicant and other matters as authorized under the State
Lottery Act, Government Code, Chapter 466.
(d) Every application for a license submitted
under this subchapter shall be accompanied by a license application fee in an
amount to be established by the director. If the director denies an application
for a license based on a factor listed in §
401.153(a) of
this title (relating to Qualifications for License), the director shall refund
one half of the application fee to the applicant. If the director denies an
application based on another factor, the director may not refund any part of
the application fee. If an applicant fails to provide all forms and related
information and documents required as part of the application, the director may
cancel the application without making a determination to deny. If the director
cancels an application, the director shall not refund any part of the
application fee.
(e) Every license
application submitted to the director under this subchapter shall be
accompanied by security as authorized by the Government Code, §
466.156(a),
in a form and amount determined by the director. The director may reduce or
waive the amount of security required, if feasible, after consideration of the
possible loss to the state from the operation of the applicant in connection
with the lottery, whether the applicant is a minority business as defined by
Government Code, §
466.107, or any other
factor the director finds relevant. If the director determines that the
purposes of the Act would be best served through establishment and maintenance
of a pooled fund for purposes of reimbursing the division for losses arising
from the operation of licensed sales agents, the director may require security
in the form of a mandatory contribution by each applicant. Any amount so
contributed may not be refunded. Depending upon the losses required to be
reimbursed by such a fund, the director may require additional contributions to
such a fund as a condition of any license application, including a license
renewal application.
(f) All
applications submitted under this subchapter shall be available for public
inspection during business hours, provided that criminal history information
and other information confidential by law shall not be available for
inspection. Any person seeking to inspect any application shall furnish a
written request to the director specifically stating the information sought to
be inspected. The director may respond to such requests orally or in writing in
order to arrange for the inspection of the requested documents after a
reasonable time is allowed for the division to review the documents and delete
confidential information.
Notes
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