Sec. 1958.254. NOTICE; OPPORTUNITY FOR HEARING; ORDER. (a) The department may impose an administrative penalty under this subchapter only after the person charged with a violation is given a written notice and the opportunity for a hearing.
(b) The written notice must state the facts that constitute the alleged violation and the law or rule on which the violation is based.
(c) If a hearing is held, the department shall make findings of fact and issue a written decision as to:
(1) the occurrence of the violation; and
(2) the amount of any penalty that is warranted.
(d) If the person charged with a violation fails to exercise the opportunity for a hearing, the department, after determining that a violation occurred and the amount of the penalty that is warranted, may impose a penalty and shall issue an order requiring the person to pay any penalty imposed.
(e) Not later than the 30th day after the date the department issues an order after determining that a violation occurred, the department shall inform the person charged with the violation of the amount of any penalty imposed.
(f) The department may consolidate a hearing under this section with another proceeding.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.311, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.298(59), eff. September 1, 2017.
Text of section effective until September 01, 2017
Last modified: September 28, 2016