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Texas Finance Code - Section 14.208. Injunction; Appeal

Legal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Section 14.208. Injunction; Appeal

§ 14.208. INJUNCTION;  APPEAL.  (a) If the commissioner 
has reasonable cause to believe that a person is violating a statute 
to which this chapter applies, the commissioner, in addition to any 
other authorized action, may issue an order to cease and desist from 
the violation or an order to take affirmative action, or both, to 
enforce compliance.  A person may appeal the order to the finance 
commission as provided by Subsection (d) or directly to district 
court in accordance with Chapter 2001, Government Code.
	(b)  If a person against whom an order under this section is 
made requests a hearing not later than the 30th day after the date 
the order is served, the commissioner shall set and give notice of a 
hearing before a hearings officer.  The hearing is governed by 
Chapter 2001, Government Code.  Based on the findings of fact, 
conclusions of law, and recommendations of the hearings officer, 
the commissioner by order may find whether a violation has 
occurred.
	(c)  If a hearing is not timely requested under Subsection 
(b), the order is considered final and becomes enforceable.  The 
commissioner, after giving notice, may impose against a person who 
violates a cease and desist order an administrative penalty in an 
amount not to exceed $1,000 for each day of violation.  In addition 
to any other remedy provided by law, the commissioner on relation of 
the attorney general may institute in district court a suit for 
injunctive relief and to collect an administrative penalty.  A bond 
is not required of the commissioner with respect to injunctive 
relief granted under this section.  In the action, the court may 
enter as proper an order awarding a preliminary or final 
injunction.
	(d)  If a party seeks review of the order by the finance 
commission, the party shall file a petition for review with the 
finance commission not later than the 30th day after the date of the 
issuance of the commissioner's decision.  The finance commission 
may affirm, vacate, or modify an order issued by the commissioner.  
A party aggrieved by a final decision of the finance commission is 
entitled to judicial review.  The party may appeal the decision of 
the finance commission by the filing of a motion for rehearing with 
the finance commission and then filing a petition initiating 
judicial review.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2005, 79th Leg., ch. 1018, § 4.01, eff. Sept. 1, 2005.

Last modified: August 10, 2007