Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.160 - Standard Penalty Chart

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission, through the director of the Lottery Operations Division, may offer
				  settlements to persons charged with violating the provisions of the State
				  Lottery Act or rules of the commission. Settlement of those cases, unless
				  otherwise provided for elsewhere in this rule, shall be in compliance with the
				  following standard penalty chart. A settlement will be in the form of an
				  Agreement and Consent Order of the commission.
(b) A repeat violation by a licensee
				  justifies the penalty for a second or third violation if it occurs within 12
				  months of the first violation. Violations need not be the same or similar in
				  nature to previous violations to be considered repeat violations.
(c) A penalty for an alleged repeat violation
				  shall not be assessed unless the alleged violation occurs after the licensee
				  has been notified, in writing, of the first alleged violation. Notwithstanding
				  the preceding sentence, if an alleged violation is discovered during an
				  undercover operation, then no notice of any prior alleged violations may be
				  necessary to assess a penalty for a repeat violation. The requirement that
				  written notice be given to a licensee shall not be interpreted to require that
				  a notice of hearing for the violation be delivered to the licensee.
(d) The list of violations in the standard
				  penalty chart is not an exclusive list of violations of the commission or rules
				  of the commission. The commission is authorized to assess penalties for any
				  violation of any of the foregoing statutes or rules for which a penalty is not
				  provided on the chart. Any penalty assessed for a violation not provided for on
				  the standard penalty chart shall be approved by the director of the Lottery
				  Operations Division or his/her designee prior to its assessment.
(e) Any person responsible for assessing a
				  penalty for a violation may deviate from the standard penalty chart if
				  mitigating circumstances are involved and consideration will be given to all
				  the factors listed in subsection (g) of this section. If a recommendation
				  deviating from the standard penalty chart is made, it must be made in writing
				  and be filed with the case report. Final approval shall be made by the director
				  of the Lottery Operations Division or his/her designee.
(f) The standard penalty chart does not bind
				  an administrative law judge or the commission as to penalties for any violation
				  determined to have occurred by the facts presented in an administrative hearing
				  and the record of that proceeding shall be the determining factor as to the
				  sufficiency of the penalty assessed.
(g) Based upon consideration of the following
				  factors, the commission may impose penalties other than the penalties
				  recommended in §
										RSA
				  401.158 of this title (relating to Suspension
				  or Revocation of License) and/or this section:
(1) Severity of the offense;
(2) Danger to the public;
(3) Number of repetition of
				  offenses;
(4) Number of complaints
				  previously found justified against the licensee;
(5) Length of time the licensee has held a
				  license;
(6) Actual damage,
				  physical or otherwise, caused by the violations;
(7) Deterrent effect of the penalty
				  imposed;
(8) Attempts by licensee
				  to correct or stop violations or refusal by licensee to correct or stop
				  violations;
(9) Penalties imposed
				  for related offenses; or
(10) Any
				  other mitigating or aggravating circumstances.