Sec. 245.018. REPORT RECOMMENDING ADMINISTRATIVE PENALTY. (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. The notice shall include:
(1) a brief summary of the alleged violation;
(2) a statement of the amount of the proposed penalty, based on the factors listed in Section 245.017(c); and
(3) a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(b) Not later than the 20th day after the date the notice is received, the person notified may accept the determination of the department made under this section, including the recommended penalty, or make a written request for a hearing on that determination.
(c) If the person notified of the violation accepts the determination of the department, the department shall order the person to pay the recommended penalty.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0690, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 245 - Abortion Facilities
Section 245.003. License Required
Section 245.004. Exemptions From Licensing Requirement
Section 245.004. Exemptions From Licensing Requirement
Section 245.005. License Application and Issuance
Section 245.009. Adoption of Rules
Section 245.010. Minimum Standards
Section 245.0105. Unique Identifying Number; Disclosure in Advertisement
Section 245.011. Physician Reporting Requirements; Criminal Penalty
Section 245.0115. Notification
Section 245.0116. Department Report
Section 245.012. Denial, Suspension, Probation, or Revocation of License
Section 245.014. Criminal Penalty
Section 245.015. Civil Penalty
Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment
Section 245.017. Administrative Penalty
Section 245.018. Report Recommending Administrative Penalty
Section 245.019. Hearing; Order
Section 245.020. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 245.021. Penalty Deposited to State Treasury
Section 245.022. Recovery of Costs
Section 245.023. Public Information; Toll-Free Telephone Number
Section 245.024. Compliance With Certain Requirements Regarding Sonogram Before Abortion