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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 3TAX ADMINISTRATION
SUBCHAPTER WAMUSEMENT MACHINE REGULATION AND TAX
RULE §3.603Denials; Suspensions; Revocations; Violations; Hearings

(a) If the comptroller determines an applicant is not eligible for a new or renewal license, or if the comptroller proposes to impose sanctions, suspend, or revoke a license or registration certificate, the comptroller will notify the applicant or licensee in writing of the proposed action and will state the reasons for such action. The applicant, licensee, or certificate holder may make a written request for a hearing within 15 days of the date of service of the notice.

(b) The hearing will be conducted in accordance with the relevant portions of §§1.1-1.42 of this title (relating to Rules of Practice and Procedure). The burden of proof is upon the applicant, licensee, or registration certificate holder to establish its position by a preponderance of the evidence.

(c) The notice will be served personally by the comptroller or an authorized representative upon an applicant or licensee or owner of a registration certificate or sent by United States certified mail addressed to the applicant or licensee or owner of a registration certificate at its last known address. In the event that notice cannot be effected 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 licensee, applicant, or owner of the registration certificate conducts its business activities.

(d) The notice will state the alleged violation or violations which constitutes grounds for a denial, suspension, revocation, or other sanctions. The notice will include the proposed final action of the comptroller.

(e) If the applicant, licensee, or registration certificate holder does not request a hearing within 15 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) Any order 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 delivered immediately to the applicant, licensee, or registration certificate holder.

(g) A court reporter shall be present at every hearing involving an applicant, licensee, or registration certificate holder. The cost of transcribing the hearing by the reporter shall be assessed against the applicant, licensee, or registration certificate holder following the hearing. Should the comptroller determine a transcript of the hearing is required, the cost of the original transcript shall be assessed to the applicant, licensee, or registration certificate holder. They may purchase a copy of the transcript for their own use directly from the court reporter. Should the comptroller determine a transcript is not required, the applicant, licensee, or registration certificate holder may purchase a copy of the transcript for its own use directly from the court reporter. If they purchase a copy of the transcript, they shall provide, at their own cost, the original transcript to the comptroller.


Source Note: The provisions of this §3.603 adopted to be effective January 25, 1988, 13 TexReg 246; amended to be effective December 7, 1988, 13 TexReg 5920; amended to be effective October 3, 1989, 14 TexReg 4861.

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