Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Within 20 days after the date the person receives the notice sent under Section 485.103, the person in writing may:
(1) accept the determination and recommended penalty of the department; or
(2) make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall impose the recommended penalty.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1245, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 485 - Abusable Volatile Chemicals
Subchapter D. Administrative Penalty
Section 485.101. Imposition of Penalty
Section 485.102. Amount of Penalty
Section 485.103. Report and Notice of Violation and Penalty
Section 485.104. Penalty to Be Paid or Hearing Requested
Section 485.106. Decision by Department
Section 485.107. Options Following Decision: Pay or Appeal
Section 485.108. Stay of Enforcement of Penalty
Section 485.109. Collection of Penalty
Section 485.110. Decision by Court
Section 485.111. Remittance of Penalty and Interest