Sec. 1301.704. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice, the person in writing may:
(1) accept the determination and recommended penalty of the board; or
(2) make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended penalty of the board, the board by order shall approve the determination and impose the recommended penalty.
(c) Failure to request a hearing or accept the determination and recommended penalty within the time provided by this section waives the right to a hearing under this chapter.
(d) If the board determines without a hearing that the person committed a violation and a penalty is to be imposed, the board shall:
(1) provide written notice to the person of the board's findings; and
(2) enter an order requiring the person to pay the recommended penalty.
Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 9.001, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 28, eff. May 26, 2021.
Structure Texas Statutes
Title 8 - Regulation of Environmental and Industrial Trades
Subchapter N. Administrative Penalty
Section 1301.701. Imposition of Penalty
Section 1301.702. Amount of Penalty
Section 1301.703. Notice of Violation and Penalty
Section 1301.704. Penalty to Be Paid or Hearing Requested
Section 1301.706. Decision by Board
Section 1301.707. Options Following Decision: Pay or Appeal
Section 1301.708. Stay of Enforcement of Penalty
Section 1301.709. Decision by Court
Section 1301.710. Remittance of Penalty and Interest
Section 1301.711. Release of Bond