After a hearing under this subchapter, the department shall determine whether:

1. (1) the method of competition or the act or practice considered in the hearing is defined as:

   1. (A) an unfair method of competition or deceptive act or practice under Subchapter B or a rule adopted under this chapter; or
   2. (B) a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and

2. (2) the person against whom the charges were made engaged in the method of competition or act or practice in violation of:

   1. (A) this chapter or a rule adopted under this chapter; or
   2. (B) Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.