Sec. 131.2662. PENALTY ASSESSMENT PROCEDURE. (a) A civil penalty may be assessed only after the person charged with a violation described under Section 131.2661 of this code has been given an opportunity for a public hearing.
(b) If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c) If appropriate, the commission shall consolidate the hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e) The commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, Sec. 2, eff. Aug. 29, 1983.
Structure Texas Statutes
Chapter 131 - Uranium Surface Mining and Reclamation Act
Section 131.262. Violations Not Creating Imminent Danger or Causing Imminent Harm
Section 131.263. Continuous Violations
Section 131.264. Form of Notices and Orders
Section 131.265. Civil Actions
Section 131.266. Injunctive Relief and Civil Penalty
Section 131.2661. Administrative Penalty
Section 131.2662. Penalty Assessment Procedure
Section 131.2663. Payment of Penalty; Refund
Section 131.2664. Recovery of Penalty
Section 131.267. Criminal Penalty for Violating Permits and Orders
Section 131.268. Criminal Penalty for Corporate Permittee
Section 131.269. Criminal Penalty for False Statement, Representation, or Certification