1. (a) Administrative sanctions may include license denial, suspension, revocation, and the imposition of civil penalties.

2. (b) The department shall issue and mail a Notice of Department Decision to a license applicant or a licensee by certified mail to its last known address upon a determination that, under Occupations Code, Chapter 2301 or Transportation Code, Chapter 503:

   1. (1) an application for a license should be denied; or
   2. (2) administrative sanctions should be imposed.

3. (c) The Notice of Department Decision shall include:

   1. (1) a statement describing the department decision and its effective date;
   2. (2) a description of each alleged violation, if applicable;
   3. (3) a description of each administrative sanction being proposed;
   4. (4) a statement as to the legal basis for each administrative sanction;
   5. (5) a statement as to the right of the license applicant or the licensee to request an administrative hearing;
   6. (6) a statement as to the procedure for requesting an administrative hearing, including the period during which a request must be received by the department; and
   7. (7) a statement that the proposed decision and sanctions specified in the Notice of Department Decision will become final on the date specified if the license applicant or the licensee fails to timely request a hearing.
4. (d) A request for an administrative hearing under this section must be made in writing and received by the department within 26 days of the date the Notice of Department Decision is mailed by the department.
5. (e) If a request for an administrative hearing is timely received, the department shall set a hearing and give notice to the license applicant or the licensee of the date, time and location where it will be held. The hearing shall be conducted under the provisions set forth in this chapter by an administrative law judge of the State Office of Administrative Hearings.
6. (f) If the license applicant or the licensee does not make a timely request for an administrative hearing or enter into a settlement agreement before the 27th day after the date the Notice of Department Decision is mailed, the department's decision becomes final.

Source Note:The provisions of this §215.500 adopted to be effective February 6, 2014, 39 TexReg 502.