1. (a) The administrator may deny approval of 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 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.
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 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.
4. (d) The trainer has the right to request a hearing within ten days after receipt of the notice of revocation.
5. (e) If the applicant or trainer fails to request a hearing pursuant to subsections (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.
6. (f) Revocation shall be served upon the trainer either in person or by certified mail. A copy of the revocation shall be served upon the chief executive officer of each seller training program employing that trainer, either in person or by certified mail directed to the main offices of the seller training program or its registered agent for service.

Source Note:The provisions of this §50.7 adopted to be effective August 2, 1994, 19 TexReg 5636.