Section 307.69 - Review by Executive Secretary(a) Within fourteen days after a board of stewards or judges issues a written ruling under § RSA 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 § RSA 307.67 of this title (relating to Appeal to the Commission).16 Tex. Admin. Code § 307.69
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