Sec. 1071.453. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) If the executive director determines after an investigation of a possible violation and the facts surrounding the possible violation that a violation has occurred, the executive director may issue a violation report to the board stating:
(1) the facts on which the determination is based; and
(2) the recommendation of the executive director that an administrative penalty be imposed, including a recommendation on the amount of the penalty.
(b) The executive director shall base the recommended amount of the proposed penalty on the seriousness of the violation determined by considering the factors listed in Section 1071.452(b).
(c) Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the report to the person charged. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Section: Previous 1071.402 1071.403 1071.4035 1071.404 1071.405 1071.451 1071.452 1071.453 1071.454 1071.455 1071.456 1071.457 1071.458 1071.459 1071.501 NextLast modified: September 28, 2016