Sec. 251.071. RECOVERY OF COSTS. (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked or if administrative penalties are assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date a department order requiring the payment of expenses and costs is final. The department may refer the matter to the attorney general for collection of the expenses and costs.
(b) If the attorney general brings an action against a person under Section 251.063 or 251.065 or to enforce an administrative penalty assessed under Section 251.066, and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.
(c) For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0769, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 251 - End Stage Renal Disease Facilities
Section 251.061. Corrective Action Plan
Section 251.062. Denial, Suspension, Probation, or Revocation of License
Section 251.0621. Emergency Suspension
Section 251.064. Criminal Penalty
Section 251.065. Civil Penalty
Section 251.066. Administrative Penalty
Section 251.067. Report Recommending Administrative Penalty
Section 251.068. Hearing; Order
Section 251.069. Notice and Payment of Administrative Penalty; Judicial Review; Refund