16 Tex. Admin. Code § 401.203 - Contested Cases

(a) A contested case proceeding is initiated when a case is filed at the State Office of Administrative Hearings. It includes a request for relief from actions initiated by the agency to deny, revoke, or suspend licenses administered by the agency, including preliminary summary suspension proceedings described in subsection (b) of this section.

(b) If the Lottery Operations Director summarily suspends a license:

(1) the Lottery Operations Director will notify the licensee in writing by registered or certified mail, return receipt requested, that the license has been summarily suspended and will state the reasons for the action. That notification shall also state the date, time, and place for a preliminary suspension hearing on the summary suspension, which date shall not be later than ten days after the date of the preliminary summary suspension, unless the parties agree to a later date;

(2) at the preliminary suspension hearing, the licensee must show cause by a preponderance of the evidence why the license should not remain suspended pending a final hearing on the suspension or revocation of the license;

(3) the preliminary suspension hearing will be held by the assigned administrative law judge and shall be governed by Texas Government Code, Chapter 466, (in Lottery cases); Texas Occupations Code, Chapter 2001, (in Bingo cases); Texas Government Code, Chapter 2001; Title 1 of the Texas Administrative Code; and these Rules; and

(4) an order issued after a preliminary suspension hearing, continuing a summary suspension pending a final contested case hearing, is not a final order.

Notes

16 Tex. Admin. Code § 401.203

The provisions of this §401.203 adopted to be effective April 28, 1992, 17 TexReg 2781; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg 640; amended to be effective March 31, 2010, 35 TexReg 2554; amended to be effective January 1, 2014, 38 TexReg 9529