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recommending or not opposing of specific penalties on <br />the charge to which the admission was entered. <br />b. If the licensee and the Department enter into <br />such an agreement, then the agreement shall be <br />submitted to the Liquor Control Adjudication Board at <br />its regularly scheduled meeting for which the matter <br />is scheduled for a hearing. <br />c. At the hearing on the matter, the Liquor <br />Control Adjudication Board shall, by vote of a <br />majority of the members to which the Board is <br />entitled, take action to accept or reject the <br />agreement. <br />1. If the Board accepts the agreement, it <br />shall impose the penalty stated in the <br />agreement. <br />2. If the Board rejects the agreement, <br />then it may, with the consensus of all <br />parties, hear the case on that day or <br />schedule the matter for a hearing on <br />the merits at its next regularly <br />scheduled meeting. <br />3. If the Board rejects the agreement, <br />evidence of an admission to a violation <br />or of an offer to admit to a violation <br />charged is not admissible against the <br />licensee. <br />4. Notwithstanding the acceptance by the <br />Board of such an agreement, the Board <br />shall not make any finding of the <br />violation without making such inquiry <br />as shall satisfy the Board that there <br />is a factual basis for the agreement. <br />Rule 1.12 STIPULATED PENALTY. A licensee who is cited by the <br />department as having violated any of the rules herein <br />provided may waive the right to a hearing and appeal <br />pursuant to the provisions contained herein, admit to <br />the charge (Alternative IV, Stipulated Penalty) prior <br />to the hearing and shall pay the penalty as herein <br />stated. <br />Effective August 18, 2006 8 <br />