| (a) The purpose of this subchapter is to provide an
alternative disciplinary procedure for certain violations of the Bingo
Enabling Act (Act) and the Charitable Bingo Administrative Rules (Rules)
in which the Director of the Charitable Bingo Operations Division
seeks to facilitate expeditious resolution of cases and encourage
settlements.
(b) The list of statutory violations in the Expedited
Administrative Penalty Chart is not an exclusive list of violations
that may be expedited. The scope of this guideline will be limited
to violations of the Bingo Enabling Act and/or the Charitable Bingo
Administrative Rules that are identified by the Director or their
designee.
(c) Upon completion of an examination, inspection,
audit, or investigation, and after which both parties have agreed
that an alleged violation of the Bingo Enabling Act or the Charitable
Bingo Administrative Rules can be resolved expeditiously, the Director
or their designee may cause a Notice of Administrative Violation and
Settlement Agreement (NAVSA) to be issued to an authorized representative
for the respondent.
(d) The NAVSA shall include the following information:
(1) date of the notice;
(2) names and addresses of both parties;
(3) a brief summary of the alleged violation;
(4) the dollar amount of the administrative penalty
recommended by the Director or his designee;
(5) a brief explanation of the additional conditions
required to ensure future compliance with the Act or Rules alleged
to be violated;
(6) notice that an investigation, including an examination
or audit, was conducted which alleges a violation was committed;
(7) a statement signed by an authorized representative
for the respondent indicating the respondent agrees to the terms of
the settlement being offered;
(8) notice that if the person does not accept the settlement
offered, they may request an informal dispute resolution conference
in accordance with §402.708 of this chapter or a hearing on the
occurrence of the violation, the amount of the penalty or both; and
(9) notice that if the person does not accept the settlement
offered or request a hearing, the Commission may seek the maximum
penalty authorized for the violation under the Bingo Enabling Act
and the Charitable Bingo Administrative Rules, which may include revocation,
suspension or denial of the person's license or worker registration,
or application for a license or worker registration as applicable.
(e) The respondent shall have 20 calendar days from
the date the respondent receives the NAVSA to accept the recommendation
of the Director, including the recommended administrative penalty;
or make a written request for a hearing on the determination. The
respondent shall have 10 calendar days from the date the respondent
receives the NAVSA to request an informal dispute resolution conference,
which must occur within 20 calendar days of the respondent's receipt
of the NAVSA. If notification of acceptance or the written request
for a hearing is not made within 20 days, or if an informal dispute
resolution conference does not resolve the dispute, the Director shall
cause a hearing to be set and give notice of the hearing to the respondent.
The opportunity for an agreement in accordance with this subsection
will expire.
(f) After the NAVSA is accepted and returned to the
Commission, the NAVSA will be forwarded to the Director for final
approval and a copy will be forwarded to the respondent along with
the Order. The respondent will have 60 days from the date of the Order
to pay the recommended administrative penalty. Failure to comply with
the terms of this Agreement may result in the imposition of a more
severe degree of penalty which may include the revocation, suspension,
denial of the license or worker registration, or removal from the
worker registry as applicable.
(g) If a person is charged with a repeat violation
that may be expedited within 36 months (3 years) of the first violation,
then the penalty for a repeat violation will be imposed according
to the Expedited Administrative Penalty Chart for repeat violations.
Attached Graphic
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| Source Note: The provisions of this §402.707 adopted to be effective April 25, 2006, 31 TexReg 3383; amended to be effective August 1, 2016, 41 TexReg 5505; amended to be effective January 4, 2024, 48 TexReg 8369 |
