This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:39 GMT
(a) Within fourteen days after a board of stewards or judges issues a written ruling under §307.63 of this title (relating to Ruling), the executive secretary may review the ruling and modify the penalty. A penalty modified by the executive secretary may include a fine not to exceed $100,000, a suspension not to exceed five years, or both a fine and a suspension.(b) The decision to modify a penalty must be on a form that includes:(1) the full name, license type, and license number of the person who is the subject of the penalty modification;(2) the original ruling number and the date the ruling was issued by the stewards or judges;(3) the date the modified penalty was issued by the executive secretary;(4) the modified penalty imposed;(5) a statement of the reason for modifying the penalty; and(6) a statement informing the person of the person's right to appeal the ruling, with the modified penalty, to the Commission.(c) In determining whether to modify a penalty, the executive secretary may consider, but is not limited to, the following reasons:(1) to further the uniform and consistent treatment of similarly situated individuals; and(2) to remedy rulings where the penalties available to the stewards or judges are insufficient to adequately address the violation.(d) The decision to modify a penalty must be signed by the executive secretary.(e) The executive secretary shall provide written notice to each person who is subject to a penalty modification decision under this section by:(1) sending by certified mail, return receipt requested, a copy of the decision to the person's last known address, as found in the Commission's licensing files; or(2) personal service by any Commission employee.(f) An appeal of a ruling whose penalty has been modified under this section must be filed in accordance with §307.67 of this title (relating to Appeal to the Commission).