Sec. 134.176. PAYMENT OF PENALTY; REFUND. (a) Not later than the 30th day after the date the commission issues a notice or order charging that a violation of this chapter has occurred, the commission shall inform the person charged of the proposed amount of the penalty.
(b) Not later than the 30th day after the date the person is informed under Subsection (a), the person shall:
(1) pay the proposed penalty in full; or
(2) forward the proposed amount to the commission for placement in an escrow account if the person wishes to contest the amount of the penalty or the fact of the violation.
(c) If administrative or judicial review of the proposed penalty determines that a violation did not occur or that the amount of the penalty should be reduced, the commission, not later than the 30th day after the date of the determination, shall remit the appropriate amount to the person, with interest at the prevailing United States Department of the Treasury rate.
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