 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
HEALTH AND SAFETY CODE |
|
Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
|
Subtitle A. FOOD AND DRUG HEALTH REGULATIONS |
|
Chapter 431. TEXAS FOOD, DRUG, AND COSMETIC ACT |
|
Subchapter C. ENFORCEMENT |
Sec. 431.055. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE
-
(a) An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.
(b) If a hearing is held, the commissioner shall make findings of fact and shall issue a written decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.
(c) If the person charged with the violation does not request a hearing, the commissioner may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.
(d) After making a determination under this section that a penalty is to be assessed against a person, the commissioner shall issue an order requiring that the person pay the penalty.
(e) The commissioner may consolidate a hearing held under this section with another proceeding.