1. (a) The administrator or administrator's designee may deny approval of, revoke, or suspend any trainer upon a finding that:

   1. (1) the applicant for a privately sponsored program or his/her spouse is an agent of an alcoholic beverage licensee or permittee; or
   2. (2) the Application for Trainer Certification is not correct or complete; or
   3. (3) the applicant 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 trainer has violated a provision of this chapter, §106.14 of the Alcoholic Beverage Code, or has failed to take reasonable steps to prevent such violations in classes or programs under his/her direction or control.

2. (b) The administrator or administrator's designee may, after notice and opportunity for hearing, revoke approval of any trainer upon a finding that:

   1. (1) the seller training program entity no longer authorizes the trainer to teach their seller training program; or
   2. (2) the trainer no longer qualifies as a trainer under subsection (a) of this section.
3. (c) The trainer has the right to request a hearing within 21 days after receipt of the notice of denial, revocation or suspension.
4. (d) Notice of the denial, revocation or suspension of a trainer certificate or a copy of the revocation shall also be provided to the main offices of the seller training program or the registered agent.

5. (e) The administrator or administrator's designee may assess a civil penalty in lieu of suspension of the trainer. 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 or the trainer during the 12 months immediately preceding the violation of 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 of past violations by the trainer.
6. (f) The amendments to this rule, adopted April 24, 2000, shall be effective September 1, 2000.

Source Note:The provisions of this §50.7 adopted to be effective August 2, 1994, 19 TexReg 5636; amended to be effective September 1, 2000, 25 TexReg 4730.