1. (a) The commission may revoke a Seller Server certificate under the conditions set forth in this section.

   1. (1) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person, the certificate holder must be recertified within 30 days of the violation. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test. If the certificate holder is not recertified within 30 days of the violation, the commission may revoke the certificate.
   2. (2) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person a second time within a 12-month period, the commission may revoke the certificate. The certificate holder cannot be recertified for a period of 90 days. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test.
   3. (3) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person a third time within a 12-month period, the commission may revoke the certificate. The certificate holder cannot be recertified for a period of one year. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test.
   4. (4) If the holder of a Seller Server Certificate provided false identification to a seller server school or trainer, including, but not limited to, name, social security number, or birth date, the commission may revoke the certificate. The certificate holder cannot be recertified.
   5. (5) If the holder of a Seller Server Certificate did not successfully complete a course of instruction offered by a certified school or did not pass the Commission Standard Competence Test, the commission may revoke the certificate.
2. (b) Before the commission may revoke a Seller Server Certificate, the commission must give notice to the holder of the certificate that he or she has the right to request a hearing, but that he or she must make such request within 21 days after the receipt of the notice of violation.

Source Note:The provisions of this §50.31 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2272; amended to be effective June 14, 2023, 48 TexReg 2939.