Sec. 245.019. HEARING; ORDER. (a) If the person requests a hearing, the department shall transfer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall hold the hearing.
(a-1) The department shall give written notice of the hearing to the person.
(b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty, if a penalty is determined to be warranted.
(c) Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.
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. 3.0691, 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