| (a) A contested case proceeding is initiated when a
case is filed at the State Office of Administrative Hearings. It includes
a request for relief from actions initiated by the agency to deny,
revoke, or suspend licenses administered by the agency, including
preliminary summary suspension proceedings described in subsection
(b) of this section.
(b) If the Lottery Operations Director summarily suspends
a license:
(1) the Lottery Operations Director will notify the
licensee in writing by registered or certified mail, return receipt
requested, that the license has been summarily suspended and will
state the reasons for the action. That notification shall also state
the date, time, and place for a preliminary suspension hearing on
the summary suspension, which date shall not be later than ten days
after the date of the preliminary summary suspension, unless the parties
agree to a later date;
(2) at the preliminary suspension hearing, the licensee
must show cause by a preponderance of the evidence why the license
should not remain suspended pending a final hearing on the suspension
or revocation of the license;
(3) the preliminary suspension hearing will be held
by the assigned administrative law judge and shall be governed by
Texas Government Code, Chapter 466, (in Lottery cases); Texas Occupations
Code, Chapter 2001, (in Bingo cases); Texas Government Code, Chapter
2001; Title 1 of the Texas Administrative Code; and these Rules; and
(4) an order issued after a preliminary suspension
hearing, continuing a summary suspension pending a final contested
case hearing, is not a final order.
|
| Source Note: The provisions of this §401.203 adopted to be effective April 28, 1992, 17 TexReg 2781; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg 640; amended to be effective March 31, 2010, 35 TexReg 2554; amended to be effective January 1, 2014, 38 TexReg 9529 |
