- (a) The department may impose an administrative penalty under this subchapter only after the person charged with a violation is given the opportunity for a hearing.
(b) 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.
- (c) 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.
- (d) Not later than the 30th day after the date an order is issued after determining that a violation occurred, the department shall inform the person charged with the violation of the amount of any penalty imposed.
- (e) The department may consolidate a hearing under this section with another proceeding.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.