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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
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Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
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Subchapter J. ENFORCEMENT |
Sec. 401.388. HEARING AND DECISION
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(a) If the person charged requests a hearing, the commissioner shall order a hearing and shall give notice of that hearing.
(b) The hearing shall be held by a hearing examiner designated by the commissioner.
(c) The hearing examiner shall make findings of fact and promptly issue to the commissioner a written decision as to the occurrence of the violation and a recommendation of the amount of the proposed penalty if a penalty is warranted.
(d) Based on the findings of fact and the recommendations of the hearing examiner, the commissioner by order may find that a violation has occurred and assess an administrative penalty or may find that no violation occurred.
(e) All proceedings under Subsections (a)-(d) are subject to Chapter 2001, Government Code.
(f) The commissioner shall give notice to the person charged of the commissioner's decision, and if the commissioner finds that a violation has occurred and an administrative penalty has been assessed, the commissioner shall give to the person charged written notice of:
(1) the commissioner's findings;
(2) the amount of the penalty; and
(3) the person's right to judicial review of the commissioner's order.