| (a) In the event that a valid protest results in referral
for hearing under Alcoholic Beverage Code §11.43(f) and that
the executive director subsequently identifies at least one legal
ground to deny the application, the executive director shall request
that the application be remanded to the commission from the State
Office of Administrative Hearings and upon remand, shall recommend
to the commission that the application be denied, as required by Alcoholic
Beverage Code §11.43(g).
(b) Concurrent with the request for remand from SOAH,
the executive director shall provide notice to each protestant that:
(1) the executive director will be recommending denial
of the application to the commission;
(2) the case will be remanded to TABC for processing
under §11.43(g), et seq;
(3) if the applicant does not request a hearing on
the denial recommendation, the application will be sent to the commission
for a vote on denial; and
(4) if the applicant requests a hearing on the denial
recommendation or the commission declines to deny the permit, the
application shall be referred to SOAH for a hearing in which the protestant(s)
are parties.
(c) If the executive director recommends to the commission
that an application be denied and a valid protest has been referred
for hearing and not withdrawn, the commission may only deny the application
or refer it back to SOAH for a hearing on the previously referred
protest(s).
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