Sec. 401.386. NOTICE OF PRELIMINARY REPORT. (a) The department shall give written notice of its preliminary report to the person charged with the violation not later than the 10th day after the date on which the report is issued.
(b) The notice must include:
(1) a brief summary of the charges;
(2) a statement of the recommended penalty amount; and
(3) a statement of the right of the person charged to a hearing on the occurrence of the violation, the amount of the penalty, or both.
(c) Not later than the 20th day after the date on which the notice is sent, the person charged may consent in writing to the report, including the recommended penalty, or make a written request for a hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.240, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 54, eff. Sept. 1, 1997.
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