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 432. FOOD, DRUG, DEVICE, AND COSMETIC SALVAGE ACT |
Sec. 432.022. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE
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(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.
(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.
(d) After making a determination under this section that a penalty is to be assessed, 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.