| (2) The seller training certification is valid until
the last day of each odd numbered year.
(i) Denial. Applications for certification will be
denied based on the following factors:
(1) the curriculum information submitted does not meet
the minimum requirements set out in subsection (d) of this section;
(2) the application is incomplete; or
(3) the applicant is currently delinquent in the payment
of any tax or fee collected by the comptroller.
(j) Administrative hearing. If the comptroller determines
that an applicant is not eligible for certification, the applicant
will be notified, in writing, that the application has been denied.
The notice will state the reasons for the denial. The applicant may,
within 15 days of the date of the notice of denial, make a written
request for an oral hearing to contest the denial. If the applicant
does not request a hearing within 15 days of the date of the notice
of denial, the hearing is waived and the denial is final. The hearing
will be governed by the provisions of §§1.1-1.42 of this
title (relating to Practice and Procedure).
(k) Certification revocation or suspension. The comptroller
may, after notice and opportunity for a hearing, revoke or suspend
a vendor's certification upon finding that the seller training classes
provided by a vendor fail to comply with the comptroller's standards
and requirements for seller training programs described in subsections
(c), (d), and (e) of this section, or the vendor becomes delinquent
in the payment of any tax or fee collected by the comptroller. If
the comptroller determines that certification should be suspended
or revoked, the comptroller will notify the vendor, in writing, that
the certification will be suspended or revoked and will state the
reasons for the action. The vendor may, within 15 days of the date
of the notice of suspension or revocation, make a written request
for an oral hearing to contest the action. If the vendor does not
request a hearing within 15 days of the date of the notice of suspension
or revocation, the hearing is waived and the suspension or revocation
becomes effective.
(l) Certification reinstatement. The comptroller may
reinstate the vendor's certification after receiving proof that the
vendor has satisfied all the comptroller's standards and requirements
for seller training as provided under subsections (c), (d), and (e)
of this section, and the vendor is current in the payment of any tax
or fee obligation due the comptroller.
(m) Notice of classes scheduled. Vendors must provide
the comptroller's office written notification of the date, time, and
location of scheduled training classes at least five business days
prior to the date training classes will be conducted.
(n) Vendor reporting requirements.
(1) By the 15th day of the month, each certified vendor
must report data for each training class completed during the previous
month. The data must include:
(A) a class roster with the name, driver's license
number, and date of birth of each participant;
(B) the total number of classes conducted for the month;
(C) the total number of participants that attended
each class; and
(D) the total number of participants that successfully
completed the class.
(2) The reports must be mailed to the Texas Comptroller
of Public Accounts, 111 East 17th Street, Austin, Texas 78774-0100.
(o) Class cancellations. Vendors must notify the comptroller's
office of any training class cancellations prior to the actual training
session date.
(p) Class monitoring. Training classes may be monitored
unannounced by the comptroller or a comptroller's representative to
evaluate the curriculum presentation and the classroom environment.
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