| (a) Within fourteen days after a board of stewards
or judges issues a written ruling under §307.63 of this title
(relating to Ruling), the executive secretary may review the ruling
and modify the penalty. A penalty modified by the executive secretary
may include a fine not to exceed $100,000, a suspension not to exceed
five years, or both a fine and a suspension.
(b) The decision to modify a penalty must be on a form
that includes:
(1) the full name, license type, and license number
of the person who is the subject of the penalty modification;
(2) the original ruling number and the date the ruling
was issued by the stewards or judges;
(3) the date the modified penalty was issued by the
executive secretary;
(4) the modified penalty imposed;
(5) a statement of the reason for modifying the penalty;
and
(6) a statement informing the person of the person's
right to appeal the ruling, with the modified penalty, to the Commission.
(c) In determining whether to modify a penalty, the
executive secretary may consider, but is not limited to, the following
reasons:
(1) to further the uniform and consistent treatment
of similarly situated individuals; and
(2) to remedy rulings where the penalties available
to the stewards or judges are insufficient to adequately address the
violation.
(d) The decision to modify a penalty must be signed
by the executive secretary.
(e) The executive secretary shall provide written notice
to each person who is subject to a penalty modification decision under
this section by:
(1) sending by certified mail, return receipt requested,
a copy of the decision to the person's last known address, as found
in the Commission's licensing files; or
(2) personal service by any Commission employee.
(f) An appeal of a ruling whose penalty has been modified
under this section must be filed in accordance with §307.67 of
this title (relating to Appeal to the Commission).
|
| Source Note: The provisions of this §307.69 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective May 6, 2012, 37 TexReg 3401; amended to be effective January 1, 2014, 38 TexReg 9527 |
