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 436. AQUATIC LIFE |
Subchapter C. ENFORCEMENT |
Sec. 436.035. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE
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(a) The director may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.
(b) If a hearing is held, the director shall make findings of fact and shall issue a written decision regarding the violation and the amount of the penalty.
(c) If the person charged with the violation does not request a hearing, the director may assess a penalty after determining that a violation has occurred and the amount of the penalty.
(d) The director shall issue an order requiring a person to pay a penalty assessed under this section.
(e) The director may consolidate a hearing held under this section with another proceeding.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.