reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.12 - Suspension or Cancellation of School's Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may suspend or cancel a
				  school's certificate, if the commission finds after notice and opportunity for
				  a hearing that a school or a trainer employed by the school has violated a
				  provision of this chapter.
(b) In
				  deciding whether to suspend or cancel a school's certificate, the commission
				  may consider:
(1) the seriousness of the
				  violation;
(2) the school's history
				  of violations;
(3) the effect of
				  the violation on a student or others;
(4) the school's attempt to rectify the
				  violation;
(5) whether the school
				  has implemented any changes to prevent similar violations; and
(6) other factors pertinent to the
				  situation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.13 - Grounds for Suspension or Cancellation of School's Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission, after notice and hearing,
				  may suspend or cancel a school's certificate if the school, or a trainer
				  employed by or under contract to the school:
(1) fails to verify an individual's
				  qualifications to receive a certificate;
(2) signs a certificate when the trainer did
				  not personally instruct the student;
(3) fails to follow or provide instruction
				  required by the mandatory curriculum;
(4) provides fewer than the required number
				  of hours of instruction;
(5) issues
				  more than 50 seller server certificates for a single session, unless the school
				  has an internet-based seller server school certificate;
(6) issues a seller server certificate or
				  provides instruction on a date when the school's or instructor's certification
				  is expired, suspended or cancelled;
(7) fails to administer or require a student
				  to take and/or make a passing score on the Commission Standard Competence Test
				  before issuing a seller server certificate to the student;
(8) uses, discloses, or sells personal or
				  financial information obtained from a student or the commission for a purpose
				  or in a manner not authorized by this chapter;
(9) falsifies, alters or destroys a record
				  required by the commission, regardless of whether there was intent to deceive
				  the commission or another;
(10)
				  violates any section of this chapter or the standard practices of the
				  commission that, in the opinion of the commission, warrants suspension or
				  cancellation;
(11) has engaged in
				  an ongoing course of conduct or activities that undermine the purpose and
				  intent of this chapter;
(12) fails
				  to control, monitor, and supervise instructors and classroom instruction to
				  prevent a violation of law or the requirements of this chapter;
(13) fails to implement control and security
				  measures to protect personal or financial information obtained from a student
				  or the commission from accidental, intentional, or malicious use or
				  disclosure;
(14) allows a session
				  to be taught by someone who does not hold current trainer
				  certification;
(15) falsifies,
				  makes a material misstatement, or fails to disclose required information on any
				  document or record required by this chapter;
(16) counterfeits a certificate issued under
				  this chapter; or
(17) violates any
				  provision of this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.14 - Prohibited Relationships

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  licensee or permittee of the commission, or his spouse, agent, servant, or
				  employee, or any subsidiary or affiliate, may directly or indirectly conduct,
				  sponsor, or support a seller training program approved under this chapter
				  except as provided in the Texas Alcoholic Beverage Code, §
										RSA
				  106.14<subdiv>(c) and
				  (d)</subdiv>.
(b) A licensee or permittee of the commission
				  may be a member of an advisory board, but not the governing board of a
				  nonprofit agency which sponsors a seller training program.
(c) Persons engaged in the manufacturing or
				  wholesaling of alcoholic beverages for national distribution may contribute to
				  the development of a curriculum of seller training being developed for national
				  use; provided, that any such contribution or involvement shall not be directly
				  or indirectly tied to the actual offering of training to employees of any
				  retailer, group of retailers, or the general public. Such involvement by an
				  alcoholic beverage manufacturer shall be in a primarily noncommercial manner
				  consistent with the spirit and intent of the provisions of the Texas Alcoholic
				  Beverage Code and the rules of the commission prohibiting the tied-house and
				  prohibiting the furnishing of things of value to a retailer of alcoholic
				  beverages.
(d) No licensee,
				  permittee, or other person engaged in the manufacturing or wholesaling level of
				  the alcoholic beverage industry, or any agent, servant, or employee of any of
				  those, may directly or indirectly conduct or sponsor a seller training program
				  for retail level employees or members of the general public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.15 - Application for Primary Classroom-Based Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicant and
				  Application. An applicant for an original or renewal primary classroom-based
				  seller server school certificate must complete all sections of the application
				  on forms provided by the commission. The applicant must provide a valid e-mail
				  address and must agree to maintain a currently valid e-mail address on file
				  with the commission at all times.
(b) Disclosure of Owners, Officers,
				  Directors, Managers, and Instructors.
(1) The
				  applicant for an original certificate or change of ownership for a primary
				  classroom-based seller server school must disclose all individuals and legal
				  entities having an ownership interest, and all officers, directors, managers,
				  and instructors.
(2) A legal entity
				  must provide its formation and registration documents and must be authorized to
				  transact business in this state.
(3)
				  A personal history sheet must be completed and submitted with the application
				  for each individual owner, and each individual shareholder, partner, officer,
				  director, and manager.
(4) An
				  individual required to submit a personal history sheet must at the same time
				  submit an authorization for a criminal history background check.
(5) Additional information may be required by
				  the commission to verify ownership or qualifications of the
				  applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.16 - Application for Branch Classroom-Based Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A branch classroom-based seller server
				  school certificate is required for each site, other than a principal site
				  designated pursuant to §
										RSA
				  50.15<subdiv>(f)(3)</subdiv> of
				  this chapter, where records required by this chapter are maintained.
(b) An applicant for an original or renewal
				  branch classroom-based seller server school certificate must be an applicant
				  for or hold a current primary classroom-based seller server school
				  certificate.
(c) An application for
				  a branch classroom-based seller server school certificate must indicate the
				  primary classroom-based seller server school certificate with which it is
				  associated.
(d) An applicant may
				  submit more than one application for a branch seller server school certificate,
				  but each application must be completed and submitted on forms provided by the
				  commission.
(e) The owners,
				  shareholders, officers and directors of the primary seller server school and
				  the branch seller server school must be the same.
(f) The application for a branch seller
				  server school certificate must designate:
(1)
				  a certified trainer responsible for the oversight, operation, training and
				  compliance at the branch seller server school;
(2) the individual responsible for the
				  day-to-day operations and facilities of the branch seller server school;
				  and
(3) the applicant for or holder
				  of the associated primary classroom-based seller server school
				  certificate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.17 - Application for Primary Internet-Based Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  for an original or renewal primary internet-based seller server school
				  certificate must complete all sections of the application on forms provided by
				  the commission.
(b) An applicant for
				  an original certificate or change of ownership for an internet-based seller
				  server school must disclose all individual owners, individuals and legal
				  entities having an ownership interest, and all officers, directors, managers,
				  and instructors.
(1) A legal entity must
				  provide its formation and registration documents and must be authorized to
				  transact business in this state.
(2) A personal history sheet must be
				  completed and submitted with the application for each individual disclosed on
				  the application.
(3) An individual
				  required to submit a personal history sheet must at the same time submit an
				  authorization for a criminal history background check.
(4) Additional information may be required by
				  the commission to verify ownership or qualifications of the
				  applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.18 - Application for Branch Internet-Based or Branch Mobile Application Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A branch
				  internet-based seller server school certificate is required for each domain
				  that offers a different course of instruction from the course of instruction
				  approved for the designated primary domain.
(b) A branch mobile application seller server
				  school certificate is required for each delivery platform supported on mobile
				  phones, PDAs, tablets or other delivery device approved by the commission. For
				  a branch mobile application seller server school:
(1) the mandatory curriculum may be completed
				  with or without Internet access;
(2) the Commission Standard Competence Test
				  and all unit testing must be completed through an internet connection;
				  and
(3) the Commission Standard
				  Competence Test and all unit testing may not be stored in the mobile
				  application or on any device not directly managed by the Primary Seller Server
				  Training School.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.19 - Application for Primary In-House Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. An
				  application for an original or renewal primary in-house seller server school
				  certificate must be completed and submitted on forms provided by the
				  commission.
(b) An applicant for a
				  primary in-house seller server school certificate must satisfy the requirements
				  of paragraph (1) or (2) of this subsection.
(1) Be the current holder of a retail permit
				  or license issued by the commission and employ a minimum of 150 individuals.
				  The duties of the permit or license holder's employees must include the
				  preparation, sale, service, or delivery of alcoholic beverages to ultimate
				  consumers.
(2) Be a hotel management
				  or holding company that owns or operates a minimum of five hotels which employ
				  a minimum of 200 individuals whose duties include preparation, sale, service,
				  or delivery of alcoholic beverages to ultimate consumers. The primary in-house
				  seller server school must be managed and controlled by the hotel management or
				  holding company and not the owned or managed hotels.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.20 - Application for Branch In-House Seller Server School Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Subsections (b)
				  - (l) of this section apply to applications for branch classroom-based in-house
				  seller server school certificates. Subsections (m) - (y) of this section apply
				  to applications for branch internet-based in-house or branch mobile application
				  in-house seller server school certificates.
(b) An applicant for an original
				  classroom-based in-house branch seller server school certificate must be an
				  applicant for or currently hold a primary in-house seller server school
				  certificate.
(c) An applicant for a
				  branch classroom-based in-house seller server school certificate renewal or
				  change of ownership must hold a current primary in-house seller server school
				  certificate.
(d) An applicant may
				  submit one or more applications for a branch classroom-based in-house seller
				  server school certificate, but each application must be separately completed
				  and submitted on forms provided by the commission.
(e) The owners, shareholders, officers and
				  directors of the primary in-house seller server school and the branch
				  classroom-based in-house seller server school must be the same.
(f) The application for a branch
				  classroom-based in-house seller server school certificate must designate:
(1) a certified trainer responsible for the
				  oversight, operation, training, and compliance at the branch classroom-based
				  in-house seller server school; and
(2) an individual responsible for the
				  day-to-day operations and management of the branch classroom-based in-house
				  seller server school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.21 - Renewal Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for renewal of a certificate issued under this subchapter must be
				  submitted on forms provided by the commission. The applicant must verify that
				  the individual owner, or a designated representative of the owning legal
				  entity, has attended any mandatory training offered or sponsored by the
				  commission, and has completed the commission's train the trainer course and
				  passed the final exam for that course with a score of 80% or better, during the
				  term of the expiring certificate.
(b) Any information that has changed since
				  the original or last renewal application was submitted must be completed and
				  corrected on forms provided for an original application.
(c) Except as otherwise provided by
				  subsection (d) of this section, a renewal application must be submitted before
				  the date the certificate expires.
(d) Notwithstanding subsection (c) of this
				  section, the commission may accept a renewal application and the certificate
				  holder may continue to operate for 30 days following the expiration date, if:
(1) neither the primary nor any associated
				  branch school is currently under a suspension order; and
(2) the required fees and late fee are
				  submitted with the renewal application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.22 - Expiration and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Primary seller
				  server school certificate.
(1) A primary
				  certificate will expire on the second anniversary of the date it is
				  issued.
(2) The two-year fee for an
				  original primary certificate is $1000.
(3) The two-year fee for a renewal primary
				  certificate is $500.
(4) A late fee
				  of $100 must be submitted with a renewal application submitted after the date
				  the certificate expired if the application is received within 30 days after the
				  date of expiration. If the renewal application and fees are not received during
				  the 30day period, the applicant must apply and pay the fee for an original
				  primary certificate.
(5) No fees
				  will be refunded after a certificate is issued.
(6) Fees cannot be prorated for a term of
				  less than two years.
(7)
				  Applications must be completed within one year of the date the application was
				  received by the commission, or the application shall be deemed void. All fees
				  are nonrefundable.
(8) If the
				  applicant does not meet the deadline established in paragraph (7) of this
				  subsection, the applicant must reapply for a new certificate by complying with
				  requirements and procedures, including payment of fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.23 - Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) A change of
				  ownership is any agreement to transfer ownership or control of a school. A
				  change of control is presumed if:
(1) more
				  than 50% of an individual owner's interest is sold or transferred;
(2) more than 50% of a legal entity's
				  interest is sold or transferred; or
(3) there is a change in directors, officers,
				  shareholders, or other governing body that results in significant changes in
				  operations, management, or key instructors.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.24 - Notice of Change of Location

Current through Reg. 49, No. 28; July 12, 2024
The holder of a certificate issued under this subchapter
					 must comply with §
										33.93 of this
					 title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter D - SELLER SERVER TRAINER CERTIFICATE › Section 50.25 - Seller Server Trainer Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicant Minimum Qualifications. An
				  applicant for an original or renewal seller server trainer certificate must:
(1) submit documentation issued by an agency
				  of the United States, this or another state of the United States that proves
				  the applicant is a United States citizen or is legally authorized to work in
				  the United States at the time of application;
(2) not be disqualified to receive a seller
				  server school certificate under §
											50.12 of this chapter;
(3) be at least 21 years of age;
(4) submit a completed application on a
				  commission approved form;
(5) pay
				  the fee required for a seller server trainer certificate; and
(6) not have had a final disposition of a
				  felony conviction within five years of the date of application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter D - SELLER SERVER TRAINER CERTIFICATE › Section 50.26 - Trainer Standards and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The holder of a seller server trainer
				  certificate is qualified to:
(1) apply for a
				  seller server school certificate issued under this chapter; and
(2) be employed by a certified seller server
				  school to teach the mandatory curriculum to individuals seeking a seller server
				  certificate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter D - SELLER SERVER TRAINER CERTIFICATE › Section 50.27 - Suspension or Cancellation of Seller Server Trainer Certificate

Current through Reg. 49, No. 28; July 12, 2024
The commission, after notice and hearing, may suspend or
					 cancel a seller server trainer certificate if the trainer fails to satisfy a
					 requirement of §
										RSA 50.31
					 of this chapter or violates any provision of this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter E - SELLER SERVER CERTIFICATES › Section 50.28 - Verification and Expiration of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission can only issue an
				  affidavit verifying that a seller server certificate has been issued to a
				  student if:
(1) the request for verification
				  includes the student's name, date of birth, and a commission-approved personal
				  identification number; or
(2) the
				  request for verification includes the student's name, date of birth, and the
				  certificate number of the certificate that is the subject of the verification
				  request, if a commission-approved personal identification number is not
				  available.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter E - SELLER SERVER CERTIFICATES › Section 50.29 - Seller Server Certificate Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To receive a seller server certificate from a seller server school certified
				  under this chapter, a student must:
(1)
				  complete either a 120-minute classroom-based course of instruction or an
				  internet-based, self-paced course of instruction;
(2) complete all required topics of the
				  commission standard competence curriculum; and
(3) pass the Commission Standard Competence
				  Test.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter E - SELLER SERVER CERTIFICATES › Section 50.30 - Void and Voidable Seller Server Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) A seller server certificate is void if:
(1) the certificate is a forgery or false
				  document; or
(2) the certificate
				  has been altered.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter E - SELLER SERVER CERTIFICATES › Section 50.31 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may revoke a Seller Server certificate under the conditions set forth in this
				  section.
(1) If the holder of a Seller Server
				  Certificate sells or serves an alcoholic beverage to a minor or intoxicated
				  person, the certificate holder must be recertified within 30 days of the
				  violation. Recertification requires completing a course of instruction offered
				  by a certified school and passing the Commission Standard Competence Test. If
				  the certificate holder is not recertified within 30 days of the violation, the
				  commission may revoke the certificate.
(2) If the holder of a Seller Server
				  Certificate sells or serves an alcoholic beverage to a minor or intoxicated
				  person a second time within a 12-month period, the commission may revoke the
				  certificate. The certificate holder cannot be recertified for a period of 90
				  days. Recertification requires completing a course of instruction offered by a
				  certified school and passing the Commission Standard Competence Test.
(3) If the holder of a Seller Server
				  Certificate sells or serves an alcoholic beverage to a minor or intoxicated
				  person a third time within a 12-month period, the commission may revoke the
				  certificate. The certificate holder cannot be recertified for a period of one
				  year. Recertification requires completing a course of instruction offered by a
				  certified school and passing the Commission Standard Competence Test.
(4) If the holder of a Seller Server
				  Certificate provided false identification to a seller server school or trainer,
				  including, but not limited to, name, social security number, or birth date, the
				  commission may revoke the certificate. The certificate holder cannot be
				  recertified.
(5) If the holder of a
				  Seller Server Certificate did not successfully complete a course of instruction
				  offered by a certified school or did not pass the Commission Standard
				  Competence Test, the commission may revoke the certificate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter F - CONSUMER DELIVERY › Section 50.32 - Alcohol Delivery Driver Training Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall develop and offer to
				  the public an alcohol delivery driver training program. A person who completes
				  the program will be granted a delivery driver certificate valid for two years
				  from the date of completion of the training program.
(b) The commission may combine the alcohol
				  delivery driver training program with other certifications offered by the
				  commission.
(c) In accordance with
				  Alcoholic Beverage Code §
										RSA
				  57.08<subdiv>(c)</subdiv>, it is
				  a rebuttable presumption that a sale or delivery of an alcoholic beverage to a
				  minor or an intoxicated person was not made with criminal negligence if the
				  delivery driver:
(1) at the time of the
				  delivery held a valid certification from the commission's alcohol delivery
				  driver training program; and
(2)
				  completed the delivery as a result of a technical malfunction of an alcohol
				  delivery compliance software application that otherwise meets the requirements
				  established by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter F - CONSUMER DELIVERY › Section 50.33 - Alcohol Delivery Compliance Software Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. In this section, the term
				  "software application" means an alcohol delivery compliance software
				  application.
(b) To qualify for
				  limitations on liability for the actions of its delivery drivers under
				  Alcoholic Beverage Code §
										RSA
				  57.08 by using a software application, a
				  consumer delivery permit holder must require its drivers to use a software
				  application when delivering alcoholic beverages that meets the minimum
				  requirements of this rule.
(c) The
				  software application must enable the delivery driver to:
(1) access electronically readable data from
				  a government-issued driver's license or identification card;
(2) manually enter the birthdate of the
				  holder of the driver's license or identification card, in the event that the
				  information cannot be read electronically for any reason;
(3) provide an affirmation electronically
				  that at the time of delivery, the person accepting the alcoholic beverage
				  delivery:
(A) does not display signs of
				  intoxication;
(B) presents a valid,
				  unexpired government-issued driver's license or identification card;
				  and
(C) is 21 years of age or
				  older;
(4) cancel the
				  transaction in the event that delivery is not completed;
(5) indicate the reason for any non-delivery
				  of alcoholic beverage(s), which at a minimum must include the options to
				  select:
(A) person receiving the delivery
				  displayed signs of intoxication;
(B) person receiving the delivery failed to
				  present a valid, unexpired government-issued driver's license or identification
				  card demonstrating that the holder is at least 21 years of age; or
(C) unable to complete delivery within a
				  reasonable amount of time after leaving the retailer's premises, which is now
				  closed; and
(6) record
				  the disposition of any undelivered alcohol.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 55.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
					 Occupations Code, Chapter 51 and Texas Government Code, Chapters 2156, 2161,
					 2260, and 2261. This chapter applies except in the event of a conflict with
					 other statutory provisions related to specific programs regulated by the
					 Commission and the Department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 55.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) ALJ--Administrative law
				  judge employed by the State Office of Administrative Hearings.
(2) Alternative Dispute Resolution (ADR)
				  Administrator--The trained coordinator designated by the Commission:
(A) to coordinate and oversee the negotiated
				  rulemaking and ADR procedures used by the Department;
(B) to serve as a resource for any training
				  needed to implement the negotiated rulemaking and ADR procedures; and
(C) to collect data concerning the
				  effectiveness of the negotiated rulemaking and ADR procedures. The ADR
				  Administrator also may conduct ADR proceedings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter B - PROCUREMENTS › Section 55.20 - Historically Underutilized Businesses Program

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Government Code, Chapter 2161,
					 §2161.003, the Commission adopts by reference the rules of the Texas
					 Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter
					 B.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter B - PROCUREMENTS › Section 55.30 - Bid Opening and Tabulation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission adopts by reference the rules of the Texas Comptroller of Public
				  Accounts in 34 TAC §
										RSA
				  20.35.
(b) The adoption of this rule is required by
				  Texas Government Code, §
										RSA
				  2156.005<subdiv>(d)</subdiv>.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - VENDOR PROTESTS › Section 55.40 - Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A protesting
				  party who wishes to submit a grievance regarding the solicitation, evaluation,
				  or award of a contract may formally protest to the Purchasing Officer. Such
				  protests must be in writing and received by the Purchasing Officer within 10
				  business days after the protesting party knows, or should have known, of the
				  occurrence of the action which is protested. Filed protests must conform to the
				  requirements of this subsection and subsection (c), and shall be resolved in
				  accordance with the procedure set forth in subsections (d) - (j). Copies of the
				  protest must be mailed, hand-delivered or sent by facsimile transmission to the
				  Purchasing Officer and other interested parties.
(b) In the event of a timely protest under
				  this section, the Department shall not proceed further with the solicitation or
				  with the award of the contract unless the Executive Director, after
				  consultation with the Purchasing Officer and the General Counsel, makes a
				  written determination that the award of the contract without delay is necessary
				  to protect the best interests of the Department and the State.
(c) Formal protest must be sworn and contain:
(1) a specific identification of the
				  statutory or regulatory provision(s) that the action complained of is alleged
				  to have violated;
(2) a specific
				  description of each act alleged to have violated the statutory or regulatory
				  provision(s) identified in paragraph (1);
(3) a precise statement of the relevant
				  facts;
(4) identification of the
				  issue or issues the protesting party argues must be resolved;
(5) argument and authorities the protesting
				  party offers in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed, hand-delivered or sent by facsimile transmission to the
				  Department and all other identifiable interested parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.50 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the words and terms
				  defined in §55.10, other words and terms, when used in this subchapter,
				  shall have the meaning assigned by Texas Government Code, Chapter 2260, unless
				  the context clearly indicates otherwise.
(b) This subchapter applies to claims for
				  breach of contract asserted by a contractor against the Department under Texas
				  Government Code, Chapter 2260.
(c)
				  This subchapter does not apply to contracts:
(1) between the Department and the federal
				  government or its agencies, another state, or another nation;
(2) between the Department and another unit
				  of state government;
(3) between
				  the Department and a local governmental body, or a political subdivision of
				  another state;
(4) between a
				  subcontractor and a contractor;
(5)
				  within the exclusive jurisdiction of state or local regulatory
				  bodies;
(6) within the exclusive
				  jurisdiction of federal courts or regulatory bodies; or
(7) that are funded solely by federal grant
				  funds.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.51 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter and Subchapter
					 E are exclusive and required prerequisites to suit against the Department under
					 Texas Civil Practice and Remedies Code, Chapter 107 and Texas Government Code,
					 Chapter 2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.52 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive the Department's sovereign
					 immunity to suit or liability.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.53 - Notice of Claim for Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A contractor asserting a claim of breach of contract under Texas Government
				  Code, Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested or certified mail with electronic return receipt, or
				  other verifiable delivery service, to the department officer designated in the
				  contract to receive a notice of claim of breach of contract under Texas
				  Government Code, Chapter 2260; if no person is designated in the contract, the
				  notice shall be delivered to the department; and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.54 - Department Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department asserts a counterclaim under Texas Government Code, Chapter 2260,
				  the department shall file notice of the counterclaim as provided by this
				  section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered by hand,
				  certified mail return receipt requested or certified mail with electronic
				  return receipt, or other verifiable delivery service to the contractor or
				  representative of the contractor who signed the notice of claim of breach of
				  contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.55 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §55.56 to attempt to resolve all claims and
					 counterclaims filed under this subchapter. No party is obligated to settle with
					 the other party as a result of the negotiation. The parties may agree to
					 mediate a claim in accordance with Subchapter E.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.56 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  notice of claim, the Department or designated representative shall review the
				  contractor's claim and the Department's counterclaim, if any, and initiate
				  negotiations with the contractor to attempt to resolve the claim and
				  counterclaim.
(b) Subject to
				  subsection (c), the parties shall begin negotiations within a reasonable period
				  of time, not to exceed 120 days after the date the Department receives the
				  contractor's notice of claim.
(c)
				  The parties may conduct negotiations according to an agreed schedule as long as
				  they begin negotiations no later than the deadline set forth in subsection
				  (b).
(d) Subject to subsection (e),
				  the parties shall complete the negotiations that are required by this
				  subchapter as a prerequisite to a contractor's request for contested case
				  hearing no later than 270 days after the Department receives the contractor's
				  notice of claim.
(e) The parties
				  may agree in writing to extend the time for negotiations on or before the 270th
				  day after the Department receives the contractor's notice of claim. The
				  agreement shall be signed by representatives of the parties with authority to
				  bind each respective party.
(f) The
				  contractor may request a contested case hearing before the State Office of
				  Administrative Hearings (SOAH) pursuant to §55.61 after the 270th day
				  after the Department receives the contractor's notice of claim, or the
				  expiration of any extension agreed to under subsection (e).
(g) The parties may agree to mediate the
				  dispute at any time before the 120th day after the Department receives the
				  contractor's notice of claim and before the expiration of any extension agreed
				  to by the parties pursuant to subsection (e). The mediation shall be governed
				  by Subchapter E.
(h) Nothing in
				  this section is intended to prevent the parties from commencing negotiations
				  earlier than the deadline established in subsection (b), or from continuing or
				  resuming negotiations after the contractor requests a contested case hearing
				  before SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.57 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  negotiation under this division may be conducted by any method, technique, or
				  procedure authorized under the contract or agreed upon by the parties. The
				  parties may conduct negotiations with the assistance of one or more neutral
				  third parties. The parties may choose to mediate their dispute in accordance
				  with Subchapter E.
(b) To
				  facilitate meaningful evaluation and negotiation of the claims and any
				  counterclaims, the parties may exchange relevant documents that support their
				  respective claims, defenses, counterclaims or positions.
(c) The Department may also negotiate,
				  mediate, or settle with a contractor concerning any assertion by a contractor
				  which does not constitute either a notice of claim or a claim under this
				  subchapter or Texas Government Code, Chapter 2260. Such actions by the
				  Department do not constitute a waiver of sovereign immunity or of statutory or
				  regulatory requirements for a notice of claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.58 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.59 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by the Department, or the
				  Department's authorized representative, and a representative of the contractor
				  who has authority to bind the contractor.
(c) A partial settlement does not waive a
				  contractor's rights under Texas Government Code, Chapter 2260, as to the parts
				  of the claim that are not resolved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.60 - Cost of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorneys' fees, consultant's fees
					 and expert's fees.