- (a) Whenever the board, through its Executive Committee, determines that a person subject to a cease and desist order issued by the board has violated that order, the board, through its Executive Committee, after notice and an opportunity for a hearing, may assess an administrative penalty 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).
- (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.
- (c) Upon the filing of a request to docket the case, SOAH shall set the matter for hearing no later than 20 days from the date of the request. The ALJ shall deliver a PFD to the Executive Committee no later than five days after the completion of the hearing. The Executive Committee shall make its determination as to whether to assess an administrative penalty no later than five days after receipt of the PFD. If a penalty is assessed the person may pay or appeal the board's order in accordance with §901.556 of the Act.
- (d) Pursuant to Chapter 551 of the Texas Government Code (relating to Open Meetings), the Executive Committee may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the Executive Committee is inconvenient for any member of the Committee.
Source Note:The provisions of this §518.3 adopted to be effective June 9, 2004, 29 TexReg 5627.