| (a) The Charitable Bingo Operations Director, for good
cause shown, may waive a penalty if a licensee holding a license to
conduct bingo or license to lease bingo premises exercised reasonable
diligence to comply with Occupations Code, §2001.504. The Charitable
Bingo Operations Division will not consider a request for a penalty
or interest waiver until the principal related to the specific request
is paid in full. To be considered, a written request stating the reason(s)
penalty should be waived must be sent to the Charitable Bingo Operations
Division within 14 days of the date the quarterly report and prize
fees were due.
(1) The Charitable Bingo Operations Division will inform
the licensee in writing within three days of the Charitable Bingo
Operations Division's decision regarding the penalty waiver request
after considering:
(A) Whether the licensee is current in the filing of
all reports;
(B) Whether the licensee is current in the payment
of all prize fees due for the last eight consecutive quarters;
(C) Whether a penalty has been waived within the last
eight consecutive quarters;
(D) Whether the licensee has a good record of timely
filing and paying past returns; and
(E) Whether the licensee has taken the necessary steps
to correct the problem for future reporting.
(2) If a licensee has had a penalty waived within the
last eight consecutive quarters, the current request will be denied.
(b) If a prize fee is owed for an inactive account,
the Charitable Bingo Operations Division will not consider a request
for a penalty or interest waiver until the principal is paid in full.
The Division will notify the inactive account that a prize fee is
owed and provide the inactive account with any existing documents
that support the delinquency determination. The Division may provide
such notice and documentation to any officer, director, or business
contact listed in the inactive account's most recent filing with the
Commission.
(c) Settlement of prize fees, penalty or interest on
an inactive account. The Commission may settle a claim for prize fees,
penalty, or interest if the total cost of collection, as determined
by the Commission, would exceed the total amount due.
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| Source Note: The provisions of this §402.602 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective August 1, 2016, 41 TexReg 5505; amended to be effective October 22, 2020, 45 TexReg 7414 |
