SECTION 50.11. Grounds for Refusing to Process Application

(a) The commission may refuse to process an original or renewal application for a school certificate under this chapter, if the applicant or any individual who must submit a personal history sheet with the application:

(1) does not meet the minimum qualifications;

(2) fails to submit a complete application;

(3) fails to pay the required fees;

(4) falsifies, misrepresents, or fails to provide or verify a material fact, disclosure or document required by the commission on the application;

(5) fails to provide or produce information requested by the commission, and the time for providing the information has passed;

(6) within five years of the date of application, was convicted of or served deferred adjudication for:

(A) any felony offense;

(B) any controlled substance offense in the Health and Safety Code Chapter 481;

(C) any firearm or deadly weapon offense in Penal Code Chapter 46;

(D) any prostitution offense in Penal Code Chapter 43;

(E) any gambling offense in Penal Code Chapter 47;

(F) any human trafficking offense in Penal Code Chapter 20A;

(G) any fraud offense in Penal Code Chapters 32 or 35;

(H) any money laundering offense in Penal Code Chapter 34; or

(I) any violation of the Alcoholic Beverage Code.

(7) conducts business in a manner that warrants the cancellation or suspension of the certificate for 24 months following the cancellation or suspension;

(8) conducted seller server training courses and allowed students to participate in a seller server training program with the expectation that they would receive a valid commission authorized certificate while the primary seller server certificate was under suspension; or

(9) is the owner of the primary seller server certificate and is residentially domiciled with a person whose primary seller server certificate was cancelled for cause within the 12-month period preceding the owner's application.

(b) The commission may refuse to process an original or renewal application for a seller server trainer certificate under this chapter without a hearing, if the applicant:

(1) does not meet the minimum qualifications;

(2) fails to submit a complete application;

(3) fails to pay the required fees;

(4) falsifies, misrepresents, or fails to provide or verify a material fact, disclosure or document required by the commission on the application;

(5) fails to provide or produce information requested by the commission, and the time for providing the information has passed;

(6) had a final disposition of a felony conviction within five years of the date of application;

(7) conducts business in a manner that warrants the cancellation or suspension of the certificate for 24 months following the cancellation or suspension; or

(8) used a trainer who conducted seller server training courses and allowed students to participate in a seller server training program with the expectation that they would receive a valid commission authorized certificate while the primary seller server certificate was under suspension.

Source Note: The provisions of this §50.11 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662