Sec. 436.035. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE. (a) The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.
(b) If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.
(c) If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.
(d) The department shall issue an order requiring a person to pay a penalty assessed under this section.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1102, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Section 436.023. Access to Records
Section 436.024. Access to Records Showing Movement in Commerce
Section 436.025. Emergency Order
Section 436.026. Violation; Injunction
Section 436.027. Civil Penalty
Section 436.028. Detained or Embargoed Article
Section 436.029. Removal Order for Detained or Embargoed Article
Section 436.030. Recall From Commerce
Section 436.032. Destruction of Molluscan Shellfish or Crabmeat
Section 436.033. Correction by Proper Labeling
Section 436.034. Administrative Penalty
Section 436.035. Administrative Penalty Assessment Procedure
Section 436.036. Payment of Administrative Penalty
Section 436.037. Refund of Administrative Penalty
Section 436.038. Criminal Penalty; Defenses