1. (a) 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.

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

   1. (1) a brief summary of the alleged violation(s);
   2. (2) a statement of the amount of the penalty and/or sanction recommended; and
   3. (3) a statement that the Respondent has the right to a hearing to contest the alleged violation, the amount of the recommended penalty and/or sanction, or both.

3. (c) 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. There is a rebuttable presumption that notice is received three days after the notice is mailed. 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 ALJ; and/or
   3. (3) Setting of alternative dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration.

Source Note:The provisions of this §60.302 adopted to be effective July 1, 2009, 34 TexReg 4326.