Sec. 103.006. INVESTIGATION; HEARING ON CLAIM. (a) After a claim is initiated, the department shall investigate the complaint and determine the amount due the aggrieved party. If the amount determined by the department is disputed by the license holder, a person required to be licensed, or the aggrieved party, the board shall conduct a hearing on the claim and determine the amount due the aggrieved party.
(b) A quorum of the board must be present in order to conduct a hearing. The board shall conduct the hearing and a party not satisfied with the decision of the board may appeal in the manner provided for contested cases under Chapter 2001, Government Code.
(c) A hearing on a claim may be conducted at any department district office.
Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 987, ch. 235, art. 1, Sec. 2(d), eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 917, Sec. 14, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 269, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.24, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.24, eff. September 1, 2009.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle D - Handling and Marketing of Horticultural Products
Chapter 103 - Produce Recovery Fund
Section 103.004. Duties of the Board
Section 103.005. Initiation of Claim
Section 103.0055. Bankruptcy of Merchant or Retailer
Section 103.006. Investigation; Hearing on Claim
Section 103.007. Payment of Claim
Section 103.008. Limits on Claim Payments
Section 103.009. Reimbursement of Fund and Payment to Complaining Party by Licensee
Section 103.010. Subrogation of Rights
Section 103.013. Penalty for Failure to Pay Fee
Section 103.014. Penalty for False Claims
Section 103.015. Civil Penalty; Injunction
Section 103.016. Board Conflict of Interest
Section 103.017. Removal of Board Member