1. (a) The commission may revoke a trainee certification of an employee if it is found that:

   1. (1) the employee has committed a first offense of selling or serving an alcoholic beverage to a minor or intoxicated person and the employee has not been recertified. The employee must be recertified within 30 days. Recertification includes attending and passing an approved seller training program.
   2. (2) the employee has committed a second offense, within 12 months, of selling or serving an alcoholic beverage to a minor and/or intoxicated person. The employee cannot be recertified for a period of 90 days. Recertification includes attending and passing an approved seller training program.
   3. (3) the employee has committed a third offense, within 12 months, of selling or serving an alcoholic beverage to a minor and/or intoxicated person. The commission may revoke the seller-server certification for a period of one year.
   4. (4) the employee provided false identification consisting of, but not limited to, name, social security number, or birth date.
   5. (5) the employee did not successfully complete a seller training program.
2. (b) The employee has the right to request a hearing within 21 days after the receipt of the notice of revocation or suspension.
3. (c) This rule shall become effective September 1, 2000.

Source Note:The provisions of this §50.9 adopted to be effective September 1, 2000, 25 TexReg 4731.