1. (a) The administrator may deny approval of any program upon a finding that:

   1. (1) the program does not meet the minimum course requirements set out in this chapter; or
   2. (2) the Application for School-Program Certification is not correct or complete; or
   3. (3) any agent of the program has been convicted of a felony or of a misdemeanor related to theft, fraud or misrepresentation and three years have not passed since the discharge of any sentence imposed as a result of the conviction; or
   4. (4) any agent of a privately sponsored program or his/her spouse is an alcoholic beverage licensee or permitee; or
   5. (5) any agent of the program violates this chapter or the Alcoholic Beverage Code, §106.14.
2. (b) The applicant has the right to request a hearing within ten days after receipt of the notice of denial.

3. (c) The administrator may, after notice and opportunity for hearing, revoke or suspend approval of any program upon a finding that:

   1. (1) the manner in which the program is being, or has been, administered has substantially impaired the effectiveness of the program; or
   2. (2) any agent of the program has made a false or misleading statement, report, or representation to the commission regarding the conduct or administration of the program; or
   3. (3) any agent of the program has been convicted of a felony or of a misdemeanor related to theft, fraud or misrepresentation and three years have not passed since the discharge of any sentence imposed as a result of the conviction; or
   4. (4) the program has failed to make a timely report or has failed to communicate any information to the Texas Alcoholic Beverage Commission required by this chapter; or
   5. (5) any agent of a privately sponsored program or his/her spouse is an alcoholic beverage licensee or permittee; or
   6. (6) the program or any agent of the program has failed to timely pay any fees due under this chapter or the Alcoholic Beverage Code; or
   7. (7) the program or any agent of the program has made payment for any fees due under this chapter or the Alcoholic Beverage Code by personal or business check that was dishonored when presented for payment; or
   8. (8) any agent of the program violates this chapter or the Alcoholic Beverage Code, §106.14.
4. (d) The entity administering the program has the right to request a hearing within ten days after receipt of the notice of revocation or suspension.
5. (e) A person whose school-program certification is revoked under this section may not apply for another certificate under this chapter until one year has elapsed from the date of revocation.
6. (f) If the applicant or entity fails to request a hearing pursuant to subsection (b) or (d) of this section, the right to a hearing is waived and the administrator's finding and decision is final. The administrator may assess a penalty based upon that finding and decision.
7. (g) Denial, revocation or suspension shall be served at the main offices of the applicant or its registered agent for service either by certified mail or by personal service upon any adult agent or employee of the applicant at the said main offices.

Source Note:The provisions of this §50.5 adopted to be effective July 29, 1994, 19 TexReg 5636; amended to be effective November 17, 1994, 19 TexReg 8765; amended to be effective August 27, 1997, 22 TexReg 8040.