| (a) License holder, when used in this section, means
a general business license holder, import license holder, or a repair
license holder as these terms are defined in §3.602 of this title
(relating to Licenses and Certificates, Renewals and Due Dates, Occupation
Tax Permits and Exemptions).
(b) If the comptroller determines an applicant is not
eligible for a new or renewal license under Occupations Code, Chapter
2153 (Coin-Operated Machines), or if the comptroller proposes to impose
sanctions or suspend or revoke a license or registration certificate,
the comptroller will notify the applicant, license holder, or registration
certificate holder in writing of the proposed action and will state
the alleged violation or violations which constitutes grounds for
a denial, suspension, or revocation of the license or certificate,
or other sanctions. The notice will include the proposed final action
of the comptroller. The applicant, license holder, or registration
certificate holder may make a written request for a hearing within
20 calendar days of the date of service of the notice.
(c) The comptroller may serve the notice in person
or may send the notice by United States certified mail addressed to
the applicant, license holder, or registration certificate holder
at its last known address; or, in the event that notice cannot be
delivered by either of these methods after due diligence, notice will
be effective by publishing notice of the proposed action in a newspaper
of general circulation in the area in which the license holder, applicant,
or registration certificate holder conducts its business activities.
(d) The hearing will be conducted in accordance with
the relevant portions of §§1.1 - 1.35 of this title (relating
to Rules of Practice and Procedure). The applicant, license holder,
or registration certificate holder has the burden of proof by a preponderance
of the evidence.
(e) If the applicant, license holder, or registration
certificate holder does not request a hearing within 20 calendar days
after the date of service of the notice of the comptroller's proposed
action, the hearing is waived and the comptroller's proposed action
shall be considered the final order or ruling of the comptroller.
(f) After a hearing, any order of the comptroller refusing
an application or revoking or suspending a license or registration
certificate or imposing other sanctions shall state the reasons therefor,
and a copy of the order shall be served immediately on the applicant,
license holder, or registration certificate holder in accordance with
the procedure in subsection (c) of this section.
|
| Source Note: The provisions of this §3.603 adopted to be effective January 25, 1988, 13 TexReg 246; amended to be effective December 7, 1988, 13 TexReg 5920; amended to be effective October 3, 1989, 14 TexReg 4861; amended to be effective June 4, 2020, 45 TexReg 3639 |
