1. (a) Whenever the board, through its Executive Director, determines that a person subject to a cease and desist order issued by the board has violated that order, the board, through its Executive Director, after notice and an opportunity for a hearing, may assess an administrative penalty, after consulting with the board's presiding officer, against the person in violation in accordance with the guidelines contained in §518.4 of this title (relating to Administrative Penalty Guidelines for Violations of Cease and Desist Orders).
2. (b) The board shall give notice of the assessment of an administrative penalty in accordance with §901.553 of the Act. The person may pay the penalty or request a hearing in accordance with §901.554 of the Act. A hearing under this rule shall be conducted in the manner of a contested case pursuant to the Act, the APA, the board's rules and SOAH's rules; provided that the time limits provided in this rule control.
3. (c) If a penalty is assessed the person may pay or appeal the board's order in accordance with §901.556 of the Act.

Source Note:The provisions of this §518.3 adopted to be effective June 9, 2004, 29 TexReg 5627; amended to be effective April 11, 2007, 32 TexReg 2010.