Sec. 252.067. HEARING; ORDER. (a) If the person notified under Section 252.066 requests a hearing, an administrative law judge shall set a hearing and 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 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0789, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability
Subchapter C. General Enforcement
Section 252.061. Emergency Suspension or Closing Order
Section 252.063. License Requirements; Criminal Penalty
Section 252.064. Civil Penalty
Section 252.065. Administrative Penalty
Section 252.0651. Application of Other Law
Section 252.066. Notice; Request for Hearing
Section 252.067. Hearing; Order
Section 252.068. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 252.069. Use of Administrative Penalty
Section 252.070. Expenses and Costs for Collection of Civil or Administrative Penalty