1. (a) The administrator or administrator's designee 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 or granted deferred disposition for, a felony, or a misdemeanor related to theft, fraud or the abuse of alcoholic beverages or controlled substances, and three years have not passed since the discharge of any sentence imposed as a result of the conviction or deferred disposition; or
   4. (4) any agent of a privately sponsored program or his/her spouse is an alcoholic beverage licensee or permittee; or
   5. (5) any agent of the program violates this chapter or the Alcoholic Beverage Code, 106.14.

2. (b) The administrator or administrator's designee 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 or granted deferred disposition for, a felony, or a misdemeanor related to theft, fraud or the abuse of alcoholic beverages or controlled substances and three years have not passed since the discharge of any sentence imposed as a result of the conviction or deferred disposition; 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; or
   9. (9) violation of any order entered by the administrator or administrator's designee under this rule.
3. (c) The entity administering the program has the right to request a hearing within 21 days after receipt of the notice of denial, revocation or suspension.
4. (d) 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.

5. (e) The administrator or administrator's designee may assess a civil penalty in lieu of suspension of the program. The amount of the civil penalty shall be made with consideration of the following factors:

   1. (1) the number of trainee certifications issued by the program during the 12 months immediately preceding the violation for which the penalty is to be assessed;
   2. (2) the nature and severity of the violation for which the penalty is to be assessed;
   3. (3) any aggravating or ameliorating circumstances relating to the violation for which the penalty is to be assessed;
   4. (4) the record or past violations by the program or its agents.
6. (f) Notice of 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.
7. (g) The amendments to this rule adopted on April 24, 2000, take effect on September 1, 2000.

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; amended to be effective September 1, 2000, 25 TexReg 4727.