Sec. 604.311. ADMINISTRATIVE PENALTY EXPENSES AND COSTS. (a) In this section, "reasonable expenses and costs" includes expenses incurred by the advisory board or the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.
(b) The advisory board may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the advisory board requiring the payment of expenses and costs is final. The advisory board may refer the matter to the attorney general for collection of the expenses and costs.
(c) If the attorney general brings an action against a person to enforce an administrative penalty assessed under this subchapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the advisory board, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.208, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.194, eff. September 1, 2015.
Structure Texas Statutes
Subtitle K - Professions Related to Use of Certain Medical Equipment
Chapter 604 - Respiratory Care Practitioners
Subchapter F. Administrative Penalties
Section 604.301. Imposition of Penalty
Section 604.302. Amount of Penalty
Section 604.303. Notice of Violation and Penalty
Section 604.304. Penalty to Be Paid or Hearing Requested
Section 604.306. Decision by Advisory Board
Section 604.307. Options Following Decision: Pay or Appeal
Section 604.308. Collection of Penalty
Section 604.309. Determination of Court
Section 604.310. Remittance of Penalty and Interest