Texas § HS.247.0454 - HEARING ON ADMINISTRATIVE PENALTY

§ HS.247.0454. HEARING ON ADMINISTRATIVE PENALTY

HEARING ON ADMINISTRATIVE PENALTY. (a) An administrative law judge shall order a hearing and the department shall give notice of the hearing if a person charged with a violation under Section 247.0451 timely requests a hearing. (b) The hearing shall be held before an administrative law judge. (c) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for decision regarding the occurrence of a violation of this chapter or a rule, standard, or order adopted under this chapter or a term of a license issued under this chapter and a recommendation regarding the amount of the proposed penalty if a penalty is warranted. (d) Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, the department by order may: (1) find that a violation has occurred and assess an administrative penalty; or (2) find that a violation has not occurred. (e) If the department finds that a violation has not occurred, the department shall order that all records reflecting that the department found a violation had occurred and attempted to impose an administrative penalty shall be expunged except: (1) records obtained by the department during its investigation; and (2) the administrative law judge's findings of fact. (f) Proceedings under this section are subject to Chapter 2001 , Government Code. Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0715, eff. April 2, 2015.