(a) Applicability.
(1) After notice and hearing in accordance with Chapter
307 of this title (relating to Proceedings before the Commission),
the Commission, stewards, or racing judges may deny, suspend, or revoke
a license issued by the Commission.
(2) If the licensee is not an individual, the grounds
for denial, suspension, or revocation of a license apply if a director,
officer, or partner of the licensee or an individual who owns an interest
in the licensee of 5.0% or more engages in the conduct for which a
license may be denied, suspended, or revoked.
(3) Unless specifically ordered otherwise, if the Commission,
stewards, or racing judges suspend one occupational license held by
an individual, all occupational licenses held by that individual are
considered suspended for the term of the suspension.
(b) Grounds for Denial, Suspension, and Revocation
of Licenses
(1) Violations or Convictions. A license may be denied,
suspended, or revoked if it is determined that the licensee has:
(A) violated or caused to be violated the Act or a
Rule;
(B) been convicted in a court of competent jurisdiction
of violating the Act or a Rule;
(C) been convicted of a felony;
(D) been convicted of a crime of moral turpitude that
is reasonably related to the licensee's fitness to hold a license
in accordance with §303.202 of this title (relating to Guidelines);
(E) aided, abetted, or conspired with another person
to violate the Act or a Rule; or
(F) had a license issued by another pari-mutuel racing
jurisdiction revoked or is currently under suspension in another pari-mutuel
racing jurisdiction after notice and an opportunity to be heard.
(2) Failure to Disclose. A license may be denied, suspended,
or revoked if it is determined that the licensee:
(A) failed to provide information required in the license
application;
(B) provided false information in the license application;
(C) failed to disclose an ownership interest in a horse
or greyhound as required by the Rules; or
(D) failed to fully disclose the true owners of all
interests, beneficial or otherwise, in a proposed racetrack facility.
(3) Domicile. A license may be denied, suspended, or
revoked if it is determined that the licensee is domiciled with an
individual for whom a license issued by the Commission was denied,
suspended, or revoked during the preceding 12-month period.
(4) Ejection. A license may be denied, suspended, or
revoked if it is determined that the licensee has engaged in conduct
for which the licensee may be ejected or excluded from a racetrack
under the Rules.
(5) Detrimental Practices. A license may be denied,
suspended, or revoked if it is determined that the licensee is engaged
in activities or practices that are detrimental to the best interests
of the public, racing animals, or to the racing industry.
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Source Note: The provisions of this §311.6 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 377; amended to be effective May 30, 2013, 38 TexReg 3337 |