Sec. 2306.045. HEARING. (a) If the person requests a hearing before the State Office of Administrative Hearings or fails to respond in a timely manner to the notice, the director shall set a hearing and give written notice of the hearing to the person.
(b) The State Office of Administrative Hearings shall:
(1) hold the hearing;
(2) make findings of fact and conclusions of law about the occurrence of the violation and the amount of a proposed penalty; and
(3) issue a proposal for decision regarding the penalty and provide notice of the proposal to the board.
(c) Any administrative proceedings relating to the imposition of a penalty under Section 2306.041 is a contested case under Chapter 2001.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.04, eff. September 1, 2013.
Structure Texas Statutes
Subtitle G - Economic Development Programs Involving Both State and Local Governments
Chapter 2306 - Texas Department of Housing and Community Affairs
Subchapter B. Governing Board and Department
Section 2306.022. Application of Sunset Act
Section 2306.024. Board Members: Appointment and Composition
Section 2306.025. Terms of Board Members
Section 2306.030. Presiding Officer; Other Officers
Section 2306.031. Members' Compensation
Section 2306.032. Board Meetings
Section 2306.0321. Appeal of Board and Department Decisions
Section 2306.033. Removal of Members
Section 2306.034. Disqualification of Members and Certain Employees
Section 2306.035. Lobbyist Restriction
Section 2306.036. Employment of Director
Section 2306.037. Director's Compensation
Section 2306.038. Acting Director
Section 2306.039. Open Meetings and Open Records
Section 2306.040. Department Participation in Legislative Hearing
Section 2306.041. Imposition of Penalty
Section 2306.042. Amount of Penalty
Section 2306.043. Report and Notice of Violation and Penalty
Section 2306.044. Penalty to Be Paid or Hearing Requested
Section 2306.046. Decision by Board
Section 2306.047. Options Following Decision: Pay or Appeal
Section 2306.048. Stay of Enforcement of Penalty
Section 2306.049. Decision by Court
Section 2306.050. Remittance of Penalty and Interest
Section 2306.0501. Release of Bond
Section 2306.0502. Collection of Penalty