Sec. 5.362. SCHEDULE OF SANCTIONS. (a) The commission by rule shall adopt a schedule of sanctions that may be imposed on a license or permit holder for violations of this code or rules adopted under this code. In adopting the schedule of sanctions, the commission shall ensure that the severity of the sanction imposed is appropriate to the type of violation that is the basis for disciplinary action.
(b) For each violation for which a license or permit may be suspended, the schedule of sanctions must include the number of days a permit or license would be suspended and the corresponding civil penalty under Section 11.64.
(c) In determining the appropriate sanction for a violation under the schedule, the commission or administrator shall consider:
(1) the type of license or permit held by the person who committed the violation;
(2) the type of violation;
(3) any aggravating or ameliorating circumstances concerning the violation; and
(4) the license or permit holder's previous violations of this code.
(d) The schedule must:
(1) allow deviations from the schedule for clearly established mitigating circumstances, including circumstances listed in Section 11.64(c), or aggravating circumstances; and
(2) include a list of the most common violations by members of the manufacturing, wholesaling, and retailing tiers of the alcoholic beverage industry and the sanctions assessed for those violations.
(e) The commission shall develop policies to guide commission staff in determining the circumstances when it is appropriate to deviate from the schedule of sanctions. The policies must identify the circumstances when approval is required in order to deviate from the schedule.
(f) The commission shall make the schedule of sanctions available to the public, including by posting the schedule on the commission's Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 10, eff. September 1, 2007.
Structure Texas Statutes
Title 2 - Administration of Code
Chapter 5 - Alcoholic Beverage Commission
Subchapter B. Powers and Duties
Section 5.31. General Powers and Duties
Section 5.32. May Require Reports
Section 5.321. Electronic Signatures
Section 5.33. Regulate Licensees and Permittees
Section 5.331. Public Disturbance Reports
Section 5.34. Delegation of Authority
Section 5.35. Issuance of Permits and Licenses
Section 5.36. Investigation of Violations
Section 5.361. Enforcement; Inspections
Section 5.362. Schedule of Sanctions
Section 5.363. Disciplinary Authority of Administrator and Commission
Section 5.364. Receipt and Use of Market Data
Section 5.37. Collection of Taxes at Source
Section 5.371. Proceeds From Contraband
Section 5.38. Quality and Purity of Beverages
Section 5.39. Regulation of Liquor Containers
Section 5.40. Regulation of Malt Beverage Container Deposits
Section 5.41. Alcohol Used for Scientific Purposes, Etc
Section 5.42. Penalty for Violation of Rule
Section 5.43. Who May Hold Hearing; Rules of Evidence
Section 5.44. Subpoena of Witnesses; Witness Fees; Contempt
Section 5.441. Fees and Expenses Paid Members or Employees of Commission
Section 5.45. Proof of Document
Section 5.47. Records of Violations
Section 5.49. Printed Copies of Code and Rules
Section 5.50. Establishment of Certain Fees
Section 5.51. Bookkeeping Records
Section 5.52. Program Accessibility Plan
Section 5.53. Public Interest Information and Complaints
Section 5.54. Resolution of Complaints
Section 5.55. Electronic Processing of Licenses, Permits, and Certificates
Section 5.56. Funding of Texas Wine Marketing Assistance Program
Section 5.57. Marketing Practices Regulatory Decisions
Section 5.58. Internal Affairs
Section 5.581. Disclosure of Personnel Records of Commissioned Peace Officers
Section 5.59. Use of Technology
Section 5.60. Alternative Rulemaking and Dispute Resolution Procedures