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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY |
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Subtitle B. PRACTICES RELATED TO HEALTH AND SAFETY |
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Chapter 1958. MOLD ASSESSORS AND REMEDIATORS |
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Subchapter F. ADMINISTRATIVE PENALTY |
Sec. 1958.254. NOTICE; OPPORTUNITY FOR HEARING; ORDER
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(a) The commissioner may impose an administrative penalty under this subchapter only after the person charged with a violation is given a written notice and the opportunity for a hearing.
(b) The written notice must state the facts that constitute the alleged violation and the law or rule on which the violation is based.
(c) If a hearing is held, the commissioner shall make findings of fact and issue a written decision as to:
(1) the occurrence of the violation; and
(2) the amount of any penalty that is warranted.
(d) If the person charged with a violation fails to exercise the opportunity for a hearing, the commissioner, after determining that a violation occurred and the amount of the penalty that is warranted, may impose a penalty and shall issue an order requiring the person to pay any penalty imposed.
(e) Not later than the 30th day after the date the commissioner issues an order after determining that a violation occurred, the commissioner shall inform the person charged with the violation of the amount of any penalty imposed.
(f) The commissioner may consolidate a hearing under this section with another proceeding.