(a) If the agency proposes the denial of an application for a license or the suspension or revocation of a lottery retailer's license pursuant to this subchapter, the agency shall give the applicant/lottery retailer written notice of the time and place of the administrative hearing not later than the 20th day before the date of the hearing. Issues in controversy in the hearing will include, but are not limited to: the letter of noncompliance prepared by the agency, whether the requested modifications are readily achievable, and whether reasonable substituted modifications will fulfill the requirements of this chapter.
(b) The administrative hearing authorized by this section shall be a contested case as provided by the Administrative Procedure and Texas Register Act and the commission's Rules of Practice and Procedure, Texas Administrative Code, Title 16, Part IX, Chapter 401. All relevant rules of evidence and time limits established in those rules shall apply to hearings conducted under this subchapter. The scope of judicial review of a decision in a contested case under this subchapter shall be under the substantial evidence rule.

Source Note: The provisions of this §401.408 adopted to be effective April 18, 1994, 19 TexReg 2276.