Sec. 2153.306. DETERMINATION HEARING  


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  • (a) An applicant for a license or registration certificate or a license or registration certificate holder is entitled to not less than 20 days' written notice and, if requested, a hearing in the following instances:

    (1) after an application for an original or renewal license or registration certificate has been refused;

    (2) before the comptroller may revoke a license or registration certificate; and

    (3) before the comptroller may impose any other sanction under this chapter other than the sealing of a machine.

    (b) Written notice required by Subsection (a) may:

    (1) be personally served by the comptroller or the comptroller's authorized representative;

    (2) be sent by United States certified mail addressed to the last known address of the applicant or license or registration certificate holder; or

    (3) if, after due diligence, notice cannot be given as provided by Subdivision (1) or (2), be given by any reasonable method of notice prescribed by the comptroller calculated to inform a person of average intelligence and prudence in the conduct of the person's affairs, including publishing notice in a newspaper of general circulation in the area in which the applicant or license or registration holder conducts the person's business activities.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.