Sec. 455.305. HEARING ON DEPARTMENT DETERMINATION  


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  • (a) If the person makes a timely request for a hearing, the department shall:

    (1) set a hearing;

    (2) give written notice of the hearing to the person; and

    (3) designate a hearings examiner to conduct the hearing.

    (b) The hearings examiner shall:

    (1) make findings of fact and conclusions of law; and

    (2) promptly issue to the executive commissioner or the commissioner's designee a proposal for decision as to the occurrence of the violation, and, if the examiner determines a penalty is warranted, the amount of the proposed administrative penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1300 , Sec. 28, eff. September 1, 2005.