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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle B. LICENSING OF HEALTH FACILITIES |
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Chapter 242. CONVALESCENT AND NURSING HOMES AND RELATED INSTITUTIONS |
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Subchapter C. GENERAL ENFORCEMENT |
Sec. 242.069. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; INTEREST; REFUND
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(a) The commissioner shall give notice of the decision taken under Section 242.068(d) to the person charged. If the commissioner finds that a violation has occurred and has assessed an administrative penalty, the commissioner shall give written notice to the person charged of:
(1) the findings;
(2) the amount of the penalty;
(3) the rate of interest payable with respect to the penalty and the date on which interest begins to accrue;
(4) whether payment of the penalty or other action under Section 242.071 is required; and
(5) the person's right to judicial review of the order.
(b) Not later than the 30th day after the date on which the commissioner's order is final, the person charged with the penalty shall:
(1) pay the full amount of the penalty; or
(2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, the failure to correct the violation to the department's satisfaction, or all of the above.
(c) Notwithstanding Subsection (b), the department may permit the person to pay the penalty in installments or may require the person to use the amount of the penalty under the department's supervision in accordance with Section 242.071.
(d) If the person does not pay the penalty within the 30-day period:
(1) the penalty is subject to interest; and
(2) the department may refer the matter to the attorney general for collection of the penalty and interest.
(e) If a penalty is reduced or not assessed, the commissioner shall:
(1) remit to the person charged the appropriate amount of any penalty payment plus accrued interest; or
(2) execute a release of the supersedeas bond if one has been posted.
(f) Accrued interest on amounts remitted by the commissioner under Subsection (e)(1) shall be paid:
(1) at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the date the penalty is paid under Subsection (b) and ending on the date the penalty is remitted.
(g) Interest under Subsection (d) shall be paid:
(1) at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the date the notice of the commissioner's order is received by the person and ending on the date the penalty is paid.