Sec. 1071.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the board's order becomes final as provided by Section 2001.144, Government Code, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection (a)(2) may stay enforcement of the penalty by:
(1) forwarding the penalty to the board for placement in an escrow account;
(2) giving to the board a supersedeas bond in a form approved by the board that:
(A) is for the amount of the penalty; and
(B) is effective until judicial review of the board's order is final; or
(3) filing with the board an affidavit of the person stating that the person is financially unable to forward the penalty for placement into an escrow account and is financially unable to give the supersedeas bond.
(c) Failure to take action under Subsection (b) within the time provided results in waiver of the right to judicial review.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
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