SECTION 307.69. Review by Executive Secretary

(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).

Source Note: The provisions of this §307.69 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective May 6, 2012, 37 TexReg 3401; amended to be effective January 1, 2014, 38 TexReg 9527