1. (a) The Department shall provide notice to all parties in accordance with APA §2001.052, Chapter 51, Texas Occupations Code, 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).

   2. (2) The written Notice of Alleged Violation shall include:

      1. (A) a brief summary of the alleged violation(s);
      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.

2. (b) 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. Upon receipt of a written request for hearing, the Department shall submit a Request for Docket Case form to SOAH accompanied by legible copies of all pertinent documents, including but not limited to the Notice of Hearing or other document describing the agency action giving rise to a contested case. In accordance with 1 TAC §155.9, the Department shall request one or more of the following actions on the Request to Docket Case form:

   1. (1) Setting of hearing;
   2. (2) Assignment of an administrative law judge; and/or
   3. (3) Setting of alternative dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration.
3. (c) The original of all pleadings and other documents requesting action or relief in a contested case, shall be filed with SOAH once it acquires jurisdiction. Pleadings, other documents, and service to SOAH shall be directed to: Docketing Division, State Office of Administrative Hearings, 300 West 15th Street, Room 504, P.O. Box 13025, Austin, Texas 78711-3025. The time and date of filing shall be determined by the file stamp affixed by SOAH. Unless otherwise ordered by the judge, only the original and no additional copies of any pleading or document shall be filed. Unless otherwise provided by law, after a proposal for decision has been issued, originals of documents requesting relief, such as exceptions to the proposal for decision or requests to reopen the hearing, shall be filed with the Department's Executive Director and/or Commission as well as the Department's Enforcement Division, P.O. Box 12157, Austin, Texas 78711; 920 Colorado Street, Austin Texas; or by facsimile mail at 512-475-2891 if the documents contain 20 or fewer pages including exhibits. Filings may be made until 5:00 p.m. on business days. Copies shall be filed with SOAH.

Source Note:The provisions of this §60.101 adopted to be effective June 1, 2004, 29 TexReg 5340.