(a) In the event that a valid protest results in referral for hearing under Alcoholic Beverage Code §11.43(f) and that the executive director subsequently identifies at least one legal ground to deny the application, the executive director shall request that the application be remanded to the commission from the State Office of Administrative Hearings and upon remand, shall recommend to the commission that the application be denied, as required by Alcoholic Beverage Code §11.43(g).
(b) Concurrent with the request for remand from SOAH, the executive director shall provide notice to each protestant that:
  (1) the executive director will be recommending denial of the application to the commission;
  (2) the case will be remanded to TABC for processing under §11.43(g), et seq;
  (3) if the applicant does not request a hearing on the denial recommendation, the application will be sent to the commission for a vote on denial; and
  (4) if the applicant requests a hearing on the denial recommendation or the commission declines to deny the permit, the application shall be referred to SOAH for a hearing in which the protestant(s) are parties.
(c) If the executive director recommends to the commission that an application be denied and a valid protest has been referred for hearing and not withdrawn, the commission may only deny the application or refer it back to SOAH for a hearing on the previously referred protest(s).

Source Note: The provisions of this §33.59 adopted to be effective December 31, 2020, 45 TexReg 7241