Sec. 436.035. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE  


Latest version.
  • (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.