Texas Occupations Code Title 3, Chapter 264 - Penalties And Enforcement Provisions

SUBCHAPTER A ADMINISTRATIVE PENALTY

• Texas Section 264.001 - Imposition Of Penalty
  The board may impose an administrative penalty on a person licensed or regulated under this subtitle who violates this subtitle or a rule or order...
• Texas Section 264.002 - Amount Of Penalty
  (a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
• Texas Section 264.003 - Report And Notice Of Violation And Penalty
  (a) If the executive director or a board subcommittee determines that a violation has occurred, the executive director or board subcommittee may issue to the...
• Texas Section 264.004 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept, in writing, the executive director's...
• Texas Section 264.005 - Hearing
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing...
• Texas Section 264.006 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred...
• Texas Section 264.007 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
• Texas Section 264.008 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
• Texas Section 264.009 - Determination By Court
  (a) If the court sustains the determination that a violation has occurred after the court reviews the board's order imposing an administrative penalty, the court...
• Texas Section 264.010 - Remittance Of Penalty And Interest
  (a) If after judicial review, the penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final: (1) order...
• Texas Section 264.011 - Informal Assessment Of Administrative Penalty
  This subchapter does not prevent the board from assessing an administrative penalty using an informal proceeding under Section 263.003. Acts 1999, 76th Leg., ch. 388,...
• Texas Section 264.0115 - Alternative Informal Assessment Of Administrative Penalty
  (a) The board by rule may establish procedures for the alternative informal assessment of administrative penalties for violations of this subtitle that do not involve...

SUBCHAPTER B INJUNCTION; CEASE AND DESIST ORDER

• Texas Section 264.012 - Administrative Procedure
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
• Texas Section 264.051 - Injunction
  (a) The state shall file suit for injunction against a person who practices or intends to practice dentistry in violation of state law. The suit...
• Texas Section 264.052 - Representation Of State
  The attorney general or the district attorney or county attorney of the county in which the unlawful acts occurred shall represent the state in a...
• Texas Section 264.0525 - Cease And Desist Order
  (a) The board may serve a proposed cease and desist order on a person the board believes is engaging or is likely to engage in...
• Texas Section 264.0526 - Emergency Cease And Desist Order
  (a) The board may issue an emergency cease and desist order to a person if the board reasonably believes that: (1) the person is engaging...
• Texas Section 264.0527 - Appeal Of Cease And Desist Order
  (a) A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review. (b)...

SUBCHAPTER C CIVIL PENALTY

• Texas Section 264.053 - Remedies Cumulative
  The remedies provided by this subchapter are in addition to criminal prosecution and cumulative of other remedies provided to prevent the unlawful practice of dentistry....
• Texas Section 264.101 - Civil Penalty
  (a) A person who violates a provision of this subtitle is liable to the state for a civil penalty in an amount not to exceed...

SUBCHAPTER D CRIMINAL PENALTY

• Texas Section 264.102 - Collection Of Civil Penalty
  At the board's request, the attorney general or the district attorney or county attorney of the county in which the violation is alleged to have...
• Texas Section 264.151 - Criminal Penalties
  (a) A person commits an offense if the person violates Section 256.001. An offense under this subsection is a felony of the third degree. Each...
• Texas Section 264.152 - Criminal Penalty: Dental Records Access
  (a) A person commits an offense if the person violates Section 258.0511. (b) Notwithstanding Section 264.151, an offense under this section is a Class B...

Last modified: September 28, 2016