Sec. 485.105. HEARING. (a) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date. The department shall give written notice of the time and place of the hearing to the person. An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.
(b) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for a decision about the occurrence of the violation and the amount of a proposed 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. 3.1246, 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