Sec. 103.015. ADMINISTRATIVE PENALTY HEARING. (a) An administrative law judge shall order a hearing and give notice of the hearing if a person assessed a penalty under Section 103.013(c) requests a hearing.
(b) The hearing shall be held before an administrative law judge.
(c) The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter, a rule or order adopted under this chapter, or a term of a license issued under this chapter.
(d) Based on the findings of fact and conclusions of law, and the recommendation of the administrative law judge, the department by order shall find:
(1) a violation has occurred and assess an administrative penalty; or
(2) a violation has not occurred.
(e) Proceedings under this section are subject to Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.373, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Services for the Elderly
Chapter 103 - Day Activity and Health Services
Section 103.004. Department and Executive Commissioner Duties
Section 103.0041. License Required
Section 103.005. Licensing Duties
Section 103.007. License Application
Section 103.0075. Early Compliance Review
Section 103.009. License Denial, Suspension, or Revocation
Section 103.0092. Emergency Suspension and Closing Order
Section 103.010. Disposition of Funds
Section 103.011. Rights of the Elderly
Section 103.012. Administrative Penalty
Section 103.013. Right to Correct Before Imposition of Administrative Penalty
Section 103.014. Report Recommending Administrative Penalty; Notice
Section 103.015. Administrative Penalty Hearing
Section 103.016. Notice and Payment of Administrative Penalty; Interest; Refund