1. (a) A notice of administrative violation, and penalty, if any, shall be:

   1. (1) issued by the division of compliance and practices; and
   2. (2) sent to the charged person as provided by §102.4 and §102.5 of this title (relating to Filing Documents with Claimant's Representative; General Rules for Written Communications to and from the Commission).

2. (b) The notice will provide the charged person with:

   1. (1) a brief statement of facts constituting the violation;
   2. (2) the statutory authority under which the violation has occurred and the statutory authority for assessing the sanction;
   3. (3) a description of the sanction, including the amount of the penalty, if any;
   4. (4) any other information required by rules under Chapter 145 of this title (relating to Dispute Resolutions--Hearings under the Administrative Procedure and Texas Register Act) or under Chapter 148 of this title (relating to Hearings Conducted by the State Office of Administrative Hearings) as applicable; and
   5. (5) information of the rights, obligations, and procedures for the charged person to file a written answer or request a hearing.
3. (c) The charged person must file a written answer not later than the twentieth day after the day the notice is received. The answer must either consent to the proposed sanction, and remit the amount of the penalty, if any, or request a hearing as provided by either §145.3 of this title (relating to Requesting a Hearing) or §148.3 of this title (relating to Requesting a Hearing) as applicable.
4. (d) Failure to respond in 20 days, absent good cause, is deemed consent to the penalty.
5. (e) In an investigation where both an administrative violation and a criminal prosecution are possible, the division may postpone action on the administrative violation until the criminal prosecution is completed.

Source Note:The provisions of this §180.8 adopted to be effective July 29, 1991, 16 TexReg 3941; amended to be effective December 4, 1995, 20 TexReg 9717.