34 Tex. Admin. Code § 3.603 - Denials; Suspensions; Revocations; Violations; Hearings
(a) License holder, when used in this
section, means a general business license holder, import license holder, or a
repair license holder as these terms are defined in §
3.602 of this title (relating to
Licenses and Certificates, Renewals and Due Dates, Occupation Tax Permits and
Exemptions).
(b) If the comptroller
determines an applicant is not eligible for a new or renewal license under
Occupations Code, Chapter 2153 (Coin-Operated Machines), or if the comptroller
proposes to impose sanctions or suspend or revoke a license or registration
certificate, the comptroller will notify the applicant, license holder, or
registration certificate holder in writing of the proposed action and will
state the alleged violation or violations which constitutes grounds for a
denial, suspension, or revocation of the license or certificate, or other
sanctions. The notice will include the proposed final action of the
comptroller. The applicant, license holder, or registration certificate holder
may make a written request for a hearing within 20 calendar days of the date of
service of the notice.
(c) The
comptroller may serve the notice in person or may send the notice by United
States certified mail addressed to the applicant, license holder, or
registration certificate holder at its last known address; or, in the event
that notice cannot be delivered by either of these methods after due diligence,
notice will be effective by publishing notice of the proposed action in a
newspaper of general circulation in the area in which the license holder.
applicant, or registration certificate holder conducts its business
activities.
(d) The hearing will be
conducted in accordance with the relevant portions of §§
1.1-1.35 of this title (relating to
Rules of Practice and Procedure). The applicant, license holder, or
registration certificate holder has the burden of proof by a preponderance of
the evidence.
(e) If the applicant,
license holder, or registration certificate holder does not request a hearing
within 20 calendar days after the date of service of the notice of the
comptroller's proposed action, the hearing is waived and the comptroller's
proposed action shall be considered the final order or ruling of the
comptroller.
(f) After a hearing,
any order of the comptroller refusing an application or revoking or suspending
a license or registration certificate or imposing other sanctions shall state
the reasons therefor, and a copy of the order shall be served immediately on
the applicant, license holder. or registration certificate holder in accordance
with the procedure in subsection (c) of this section.
Notes
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