(a) In addition to the authority to suspend a sales agent's
license pursuant to §401.158 of this title (relating to Suspension or
Revocation of License), the director of the Lottery Operations division may
suspend a sales agent's license subject to the limited notice and hearing
procedures established under other rules to be adopted by the commission under
this title for that purpose, if the director finds that the action is necessary
to maintain the integrity, security, honesty, or fairness of the operation
or administration of the lottery or to prevent financial loss to the state,
and:
(1) licensee fails to deposit money received from ticket sales
under the State Lottery Act;
(2) an event occurs that would render the sales agent ineligible
for a license under §401.153(b) of this title (relating to Qualifications
for License);
(3) licensee fails to notify the commission of any change in
the information contained in the sales agent's most recent application for
a license or renewal of a license within ten days of the date of the change;
(4) the director of the Lottery Operations division discovers
the licensee has failed to disclose information that would, if disclosed,
render the licensee ineligible for a license under §401.153(b) of this
title.
(b) A summary suspension properly commenced under rules adopted
by the commission under this title is effective at the time the notice is
served. If notice is personally served, the licensee shall immediately surrender
the license to the commission or its representative. If notice is served by
mail, the licensee shall immediately return the license to the commission.
In addition, at the time the licensee is served with notice under this subsection,
the licensee may be required by the director of the Lottery Operations Division
to surrender upon demand to an authorized representative of the commission
all commission property and commission vendor property, return all unsold
tickets in accordance with normal commission policy, pay funds owed to the
commission by an authorized method, and take such further action as required
by the director.
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Source Note: The provisions of this §401.159 adopted to be effective March 30, 1992, 1401 TexReg 1914; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective April 18, 1994, 19 TexReg 2275; amended to be effective March 14, 1996, 21 TexReg 1756; amended to be effective July 1, 2002, 27 TexReg 5759 |