1. (a) Computation of Time. Unless otherwise required by statute, in computing time periods prescribed by this subchapter or by order of the Hearings Examiner, the day of the act, event, or default on which the designated period of time begins to run is not included. The last day of the period is included, unless it is not a business day, in which case the time period will be deemed to end on the next business day. When these rules specify a deadline or set a number of days for filing documents or taking other actions, the computation of time shall be by calendar days rather than business days, unless otherwise provided in this chapter or order of the Hearings Examiner. However, if the period to act is five days or less, the intervening Saturdays, Sundays, and legal holidays are not counted.

2. (b) Notice. The Department shall provide notice to all Parties in accordance with APA §2001.052 and the following:

   1. (1) If, after investigation of a possible violation and the facts surrounding that possible violation, the Department determines that a violation has occurred, the Department shall issue a notice of the alleged violation, stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative penalty or administrative sanction, or both be imposed on the person charged, and recommending the amount of that proposed penalty and/or type of sanction. The Department shall base the recommendation on the factors set forth in §60.62(e) of this title (relating to General Powers and Duties of the Commission).

   2. (2) The written notice of the violation shall include:

      1. (A) a brief summary of the charges;
      2. (B) a statement of the amount of the penalty and/or sanction recommended; and
      3. (C) a statement of the right of the Respondent to a hearing.
3. (c) Request for Hearing. Not later than the 20th day after the date on which the notice is received, the Respondent may accept the determination of the Department, including the recommended penalty and/or sanction, or make a written request for a hearing on that determination.
4. (d) Place for Filing Original Materials. The original of all pleadings and other documents requesting action or relief in a contested case shall be sent to: Office of the Hearings Examiner, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 or delivered to the Hearings Examiner, Ernest O. Thompson State Office Building, 920 Colorado Street, 7th Floor, Austin, Texas, Fax number (512) 463-1376. The date of filing shall be determined by the file stamp affixed by the Hearings Examiner's office. Unless otherwise ordered by the Hearings Examiner, only the original copies of any pleading or document shall be filed.
5. (e) Time of Filing. Documents may be filed with or served on the Hearings Examiner's Office until 5:00 p.m. local time on business days, unless otherwise ordered by the Hearings Examiner.
6. (f) Facsimile Filings. Documents containing 20 or fewer pages, including exhibits, may be filed with the Hearings Examiner by facsimile transmission.

Source Note:The provisions of this §60.101 adopted to be effective November 5, 1998, 23 TexReg 11103.