| (a) The commission may refuse to process an original
or renewal application for a school certificate under this chapter,
if the applicant or any individual who must submit a personal history
sheet with the application:
(1) does not meet the minimum qualifications;
(2) fails to submit a complete application;
(3) fails to pay the required fees;
(4) falsifies, misrepresents, or fails to provide or
verify a material fact, disclosure or document required by the commission
on the application;
(5) fails to provide or produce information requested
by the commission, and the time for providing the information has
passed;
(6) within five years of the date of application, was
convicted of or served deferred adjudication for:
(A) any felony offense;
(B) any controlled substance offense in the Health
and Safety Code Chapter 481;
(C) any firearm or deadly weapon offense in Penal Code
Chapter 46;
(D) any prostitution offense in Penal Code Chapter
43;
(E) any gambling offense in Penal Code Chapter 47;
(F) any human trafficking offense in Penal Code Chapter
20A;
(G) any fraud offense in Penal Code Chapters 32 or
35;
(H) any money laundering offense in Penal Code Chapter
34; or
(I) any violation of the Alcoholic Beverage Code.
(7) conducts business in a manner that warrants the
cancellation or suspension of the certificate for 24 months following
the cancellation or suspension;
(8) conducted seller server training courses and allowed
students to participate in a seller server training program with the
expectation that they would receive a valid commission authorized
certificate while the primary seller server certificate was under
suspension; or
(9) is the owner of the primary seller server certificate
and is residentially domiciled with a person whose primary seller
server certificate was cancelled for cause within the 12-month period
preceding the owner's application.
(b) The commission may refuse to process an original
or renewal application for a seller server trainer certificate under
this chapter without a hearing, if the applicant:
(1) does not meet the minimum qualifications;
(2) fails to submit a complete application;
(3) fails to pay the required fees;
(4) falsifies, misrepresents, or fails to provide or
verify a material fact, disclosure or document required by the commission
on the application;
(5) fails to provide or produce information requested
by the commission, and the time for providing the information has
passed;
(6) had a final disposition of a felony conviction
within five years of the date of application;
(7) conducts business in a manner that warrants the
cancellation or suspension of the certificate for 24 months following
the cancellation or suspension; or
(8) used a trainer who conducted seller server training
courses and allowed students to participate in a seller server training
program with the expectation that they would receive a valid commission
authorized certificate while the primary seller server certificate
was under suspension.
|
| Source Note: The provisions of this §50.11 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662 |
