| (a) Denial of application. If the Director of the Charitable
Bingo Operations Division determines that an applicant is not eligible
for a license on statutory or regulatory grounds, or that the license
should be denied on statutory or regulatory grounds which would justify
temporary suspension or revocation of an existing license, he/she
will notify the applicant in writing that the application has been
denied and will state such grounds for the denial. If the applicant
desires to contest the denial, the applicant must, within 30 days
of the date of the notice of denial, make a written request for a
hearing to contest the denial.
(b) Suspension and revocation.
(1) Grounds. The Commission may temporarily suspend
or revoke a license or temporary authorization in accordance with
the Bingo Enabling Act, §2001.355. If the Commission proposes
to revoke or suspend a license it will notify the licensee in writing
and will state the grounds for the proposed action.
(2) Temporary suspension. The Director may issue a
temporary suspension based on evidence of the following violations:
failure to pay prize fees, loss of non-profit status, a conviction
for a gambling-related offense or fraud, or the continued involvement
of a person with such a conviction following notice and opportunity
to remove that person. A temporary suspension is effective immediately.
Upon notification of the temporary suspension, the Director will simultaneously
serve a notice of a show cause hearing, to be held not later than
the 14th day after the date the notice is served, at which the license
holder must show cause why the license should not remain suspended.
The notice will include any exhibits the Commission has at the time
that it intends to rely on at the hearing. If the licensee fails to
show cause why the license should not be temporarily suspended, the
license will remain suspended pending a final hearing on the merits,
notice of which will be provided within 30 days of the show cause
hearing.
(c) Hearings.
(1) All hearings will be conducted in accordance with
the relevant portions of Title 16, Part 9, Chapter 401, Subchapter
C.
(2) After a hearing on the alleged violation and upon
finding that a violation did occur, the Commission may temporarily
suspend a license or temporary authorization for a period not to exceed
one year or may revoke a license or temporary authorization. The period
of a suspension begins on the date of the order invoking the suspension,
or the date of the order overruling the motion for rehearing, if one
was filed.
(3) In the event a licensee has requested an administrative
hearing, and has made timely and sufficient application for renewal
of its license, the licensee may be issued a temporary authorization
to conduct bingo and continue to act pursuant to said authorization
until the Commission issues a final decision, regardless of whether
said license has expired during the hearing process.
(d) Reapplication. No person or organization whose
license has been revoked or forfeited, or whose application has been
denied for reasons which would justify a revocation of an existing
license will be eligible to apply for another license earlier than
one year from the date of forfeiture, revocation, or denial.
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| Source Note: The provisions of this §402.700 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective January 1, 2014, 38 TexReg 9541; amended to be effective October 22, 2020, 45 TexReg 7414 |
