Sec. 242.068. HEARINGS ON ADMINISTRATIVE PENALTIES  


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  • (a) An administrative law judge shall order a hearing and give notice of the hearing if a person charged under Section 242.067(c) requests a hearing.

    (b) The hearing shall be held before an administrative law judge.

    (c) The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter or a rule or order adopted or license issued under this chapter.

    (d) Based on the findings of fact and conclusions of law, the administrative law judge by order shall find:

    (1) a violation has occurred and assess an administrative penalty; or

    (2) a violation has not occurred.

    (e) Proceedings under this section are subject to Chapter 2001, Government Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.088, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.