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Texas Occupations Code - Section 110.457. Options Following Decision: Pay Or Appeal

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 110.457. Options Following Decision: Pay Or Appeal

§ 110.457. OPTIONS FOLLOWING DECISION:  PAY OR 
APPEAL.  (a) Within 30 days after the date the council's order 
becomes final, the person shall:
		(1)  pay the administrative penalty;  or                                      
		(2)  file a petition for judicial review contesting the 
occurrence of the violation, the amount of the penalty, or both.
	(b)  Within the 30-day period prescribed by Subsection (a), a 
person who files a petition for judicial review may:
		(1)  stay enforcement of the penalty by:                                      
			(A)  paying the penalty to the court for placement 
in an escrow account;  or
			(B)  giving the court a supersedeas bond approved 
by the court that:       
				(i)  is for the amount of the penalty;  and                                 
				(ii)  is effective until all judicial review 
of the council'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 
penalty and is financially unable to give the supersedeas bond;  and
			(B)  giving a copy of the affidavit to the 
executive director by certified mail.
	(c)  If the executive director receives a copy of an 
affidavit under Subsection (b)(2), the executive director may file 
with the court, within five days after the date the copy is 
received, a contest to the affidavit.
	(d)  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.  The 
person who files an affidavit has the burden of proving that the 
person is financially unable to pay the penalty and to give a 
supersedeas bond.

Added by Acts 2005, 79th Leg., ch. 1089, § 26, eff. Sept. 1, 
2005.       

Last modified: August 10, 2007