Sec. 134.175. PENALTY ASSESSMENT PROCEDURE. (a) The commission may assess an administrative penalty under Section 134.174 only after giving the person charged with a violation an opportunity for a public hearing.
(b) If a public hearing is held, the commission shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty. The decision shall incorporate, if appropriate, an order to pay the penalty.
(c) If appropriate, the commission shall consolidate the hearing with other proceedings under Sections 134.161 through 134.173. A hearing under this section is of record and is subject to Chapter 2001, Government Code.
(d) If the person does not take the opportunity for a public hearing, the commission may assess an administrative penalty after determining that a violation has occurred and the amount of the penalty. The commission shall then issue an order to pay the penalty.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm
Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm
Section 134.163. Term of Cessation Order
Section 134.164. Continuous Violation
Section 134.165. Form of Notice or Order
Section 134.166. Modification, Vacation, or Termination of Notice of Order
Section 134.167. Expiration of Notice or Order
Section 134.168. Application for Commission Review of Notice or Order
Section 134.169. Investigation and Hearing on Application for Review
Section 134.170. Commission Findings and Decision
Section 134.171. Request for Temporary Relief
Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review
Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter
Section 134.175. Penalty Assessment Procedure
Section 134.176. Payment of Penalty; Refund
Section 134.178. Recovery of Administrative Penalty
Section 134.179. Criminal Penalty for Wilful and Knowing Violation
Section 134.180. Criminal Penalty for False Statement, Representation, or Certification
Section 134.181. Penalty for Director, Officer, or Agent of Corporation
Section 134.183. Notice to Commission Before Bringing Suit; Suit by State
Section 134.185. Intervention by Commission
Section 134.186. Costs of Suit; Filing of Bond