Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.205 - Initiation of a Hearing

Current through Reg. 49, No. 28; July 12, 2024
Denial of application or suspension or revocation of
					 license.
(1) If the director of the
				  Lottery Operations Division determines that an applicant is not eligible for a
				  license for reasons other than these set out in the State Lottery Act, (Texas
				  Government Code, §
										RSA
				  466.155), the director will notify the
				  applicant, in writing, by personal service or by registered or certified mail,
				  return receipt requested, that the application has been denied and 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 a 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 a final decision will be
				  issued.
(2) If the director of the
				  Lottery Operations Division proposes to deny an application for a license for
				  reasons set out in the State Lottery Act, (Texas Government Code, §
										RSA
				  466.155), the applicant is entitled to
				  written notice of the time and place of the hearing. A notice may be served on
				  the applicant personally or sent by certified or registered mail, return
				  receipt requested, to the person's mailing address as it appears on the
				  commission's records. A notice must be served or mailed not later than the 20th
				  day before the hearing. After the hearing, the director of the Lottery
				  Operations Division shall deny an application for a license if the director
				  finds that any of the grounds for denial set out in the State Lottery Act
				  exist.
(3) The executive director
				  will notify the licensee in writing, by personal service or by registered or
				  certified mail, return receipt requested, that the license will be suspended or
				  revoked for reasons other than those reasons set out in the State Lottery Act,
				  (Texas Government Code, §
										RSA
				  466.155), and will state such reasons for the
				  action. The licensee may, within 15 days of the date of the notice of
				  suspension or revocation, make a written request for a hearing to contest the
				  action. If the licensee does not request a hearing within 15 days of the date
				  of the notice of suspension or revocation, the hearing is waived and a final
				  decision will be issued by the executive director.
(4) If the commission proposes to suspend or
				  revoke a license for reasons set out in the State Lottery Act, (Texas
				  Government Code, §
										RSA
				  466.155), the licensee is entitled to written
				  notice of the time and place of the hearing. A notice may be served on the
				  licensee personally or sent by certified or registered mail, return receipt
				  requested, to the person's mailing address as it appears on the commission's
				  records. A notice must be served or mailed not later than the 20th day before
				  the hearing. After the hearing, the commission shall suspend or revoke a
				  license if the commission finds that any of the grounds for suspension or
				  revocation set out in the State Lottery Act, (Texas Government Code, §
										RSA
				  466.155) exist.