Texas Code of Criminal Procedure - Article 56.64. Administrative Penalty
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 56.64. Administrative Penalty
Art. 56.64. ADMINISTRATIVE PENALTY. (a) A person who
presents to the attorney general under this subchapter, or engages
in conduct that results in the presentation to the attorney general
under this subchapter of, an application for compensation under
this subchapter that contains a statement or representation the
person knows to be false is liable to the attorney general for:
(1) the amount paid in reliance on the application and
interest on that amount determined at the rate provided by law for
legal judgments and accruing from the date on which the payment was
made;
(2) payment of an administrative penalty not to exceed twice
the amount paid because of the false application for benefits or
claim for pecuniary loss; and
(3) payment of an administrative penalty of not more than
$10,000 for each item or service for which payment was claimed.
(b) In determining the amount of the penalty to be assessed
under Subsection (a)(3), the attorney general shall consider:
(1) the seriousness of the violation;
(2) whether the person has previously submitted a false
application for benefits or a claim for pecuniary loss; and
(3) the amount necessary to deter the person from submitting
future false applications for benefits or claims for pecuniary
loss.
(c) If the attorney general determines that a violation has
occurred, the attorney general may issue a report that states the
facts on which the determination is made and the attorney general's
recommendation on the imposition of a penalty, including a
recommendation on the amount of the penalty.
(d) The attorney general shall give written notice of the
report to the person. Notice under this subsection may be given by
certified mail and must:
(1) include a brief summary of the alleged violation;
(2) include a statement of the amount of the recommended
penalty; and
(3) inform the person of the right to a hearing on:
(A) the occurrence of the violation;
(B) the amount of the penalty; or
(C) both the occurrence of the violation and the amount of
the penalty.
(e) Not later than the 20th day after the date the person
receives the notice, the person, in writing, may:
(1) accept the attorney general's determination and
recommended penalty; or
(2) request in writing a hearing on:
(A) the occurrence of the violation;
(B) the amount of the penalty; or
(C) both the occurrence of the violation and the amount of
the penalty.
(f) If the person accepts the determination and recommended
penalty of the attorney general, the attorney general by order
shall approve the determination and impose the recommended penalty.
(g) If the person requests a hearing as provided by
Subsection (e) or fails to respond to the notice in a timely manner,
the attorney general shall set a contested case hearing under
Chapter 2001, Government Code (Administrative Procedure Act), and
notify the person of the hearing. The administrative law judge
shall make findings of facts and conclusions of law and promptly
issue to the attorney general a proposal for a decision regarding
the occurrence of the violation and the amount of a proposed
penalty. Based on the findings of fact, conclusions of law, and
proposal for a decision, the attorney general by order may:
(1) find that a violation has occurred and impose a penalty;
or
(2) find that a violation has not occurred.
(h) Notice of the attorney general's order given to the
person under Chapter 2001, Government Code, must include a
statement of the right of the person to judicial review of the
order.
(i) Not later than the 30th day after the date that the
attorney general's order is final under Section 2001.144,
Government Code, the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition for
judicial review contesting:
(A) the occurrence of the violation;
(B) the amount of the penalty; or
(C) the occurrence of the violation and the amount of the
penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting:
(A) the occurrence of the violation;
(B) the amount of the penalty; or
(C) the occurrence of the violation and the amount of the
penalty.
(j) Within the 30-day period, a person who acts under
Subsection (i)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court for
placement in an escrow account; or
(B) giving to the court a supersedeas bond that is approved
by the court for the amount of the penalty and that is effective
until all judicial review of the attorney general's order is final;
or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the amount of
the penalty or to give the supersedeas bond; and
(B) delivering a copy of the affidavit to the attorney
general by certified mail.
(k) On receipt by the attorney general of a copy of an
affidavit under Subsection (j)(2), the attorney general may file
with the court, not later than the fifth day after the date the copy
is received, a contest to the affidavit. The court shall hold a
hearing on the facts alleged in the affidavit as soon as practicable
and shall stay the enforcement of the penalty on finding that the
alleged facts are true. A person who files an affidavit under
Subsection (j)(2) has the burden of proving that the person is
financially unable to pay the amount of the penalty or to give a
supersedeas bond.
(l) If the person does not pay the amount of the penalty and
the enforcement of the penalty is not stayed, the attorney general
may file suit for collection of the amount of the penalty.
(m) Judicial review of the order of the attorney general:
(1) is instituted by filing a petition as provided by
Section 2001.176, Government Code; and
(2) is governed by the substantial evidence rule.
(n) If the court upholds the finding that a violation
occurred, the court may order the person to pay the full or reduced
amount of the penalty. If the court does not uphold the finding,
the court shall order that no penalty is owed.
(o) If the person paid the amount of the penalty and if that
amount is reduced or is not upheld by the court, the court shall
order that the appropriate amount plus accrued interest be remitted
to the person. The rate of the interest is the rate charged on loans
to depository institutions by the New York Federal Reserve Bank,
and the interest shall be paid for the period beginning on the date
the penalty was paid and ending on the date the penalty is remitted.
If the person gave a supersedeas bond and if the amount of the
penalty is not upheld by the court, the court shall order the
release of the bond. If the person gave a supersedeas bond and if
the amount of the penalty is reduced, the court shall order the
release of the bond after the person pays the amount.
(p) A penalty collected under this article shall be sent to
the comptroller and deposited to the credit of the compensation to
victims of crime fund.
(q) All proceedings under this article are subject to
Chapter 2001, Government Code.
(r) In addition to the administrative penalty authorized by
this article, the attorney general may recover all expenses
incurred by the attorney general in the investigation, institution,
and prosecution of the suit, including investigative costs, witness
fees, attorney's fees, and deposition expenses.
Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.
Article: 56.541 56.542 56.58 56.60 56.61 56.62 56.63 56.64 57.01 57.02 57.03 59.01 59.02 59.03 59.04
Last modified: August 11, 2007
|
