Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary report:
(1) stating the facts that support the conclusion;
(2) recommending that an administrative penalty under Section 401.384 be imposed; and
(3) recommending the amount of the penalty, which shall be based on the seriousness of the violation as determined from the facts surrounding the violation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.239, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 53, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1009, Sec. 7, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle D - Nuclear and Radioactive Materials
Chapter 401 - Radioactive Materials and Other Sources of Radiation
Section 401.381. General Civil Penalties
Section 401.382. General Criminal Penalty
Section 401.383. Criminal Penalty for Certain Acts Related to Low-Level Radioactive Waste
Section 401.384. Administrative Penalty
Section 401.385. Preliminary Report of Violation
Section 401.386. Notice of Preliminary Report
Section 401.387. Consent to Penalty
Section 401.388. Hearing and Decision
Section 401.389. Disposition of Penalty; Judicial Review
Section 401.390. Remitting Penalty Payments; Releasing Bonds