| (a) If the department decides to take an enforcement
action under §219.121 of this title (relating to Administrative
Penalties) or §219.122 of this title (relating to Administrative
Sanctions), the department shall give written notice to the person
against whom the action is being taken by first class mail to the
person's address as shown in the records of the department.
(b) The notice required by subsection (a) of this section
must include:
(1) a brief summary of the alleged violation;
(2) a statement of each enforcement action being taken;
(3) the effective date of each enforcement action;
(4) a statement informing the person of the person's
right to request a hearing;
(5) a statement describing the procedure for requesting
a hearing, including the period during which a hearing request must
be made; and
(6) a statement that the proposed penalties and sanctions
will take effect on the date specified in the letter if the person
fails to request a hearing.
(c) The person must submit a written request for a
hearing to the address provided in the notice not later than the 26th
day after the date the notice required by subsection (a) of this section
is mailed.
(d) On receipt of the written request for a hearing,
the department will refer the matter to the State Office of Administrative
Hearings. When the hearing is set, the department will give notice
of the time and place of the hearing to the person.
(e) If the person does not make a written request for
a hearing or enter into a settlement agreement before the 27th day
after the date that the notice is mailed, the department's decision
becomes final.
(f) Except as provided by this chapter and Transportation
Code, Chapters 621, 622, and 623, any proceeding at the State Office
of Administrative Hearings is governed by Government Code, Chapter
2001 and 1 TAC Chapter 155, including the authority to informally
dispose of the contested case by stipulation, agreed settlement, consent
order, or default.
(g) The department and the person may informally dispose
of the enforcement action by entering into a settlement agreement
or agreeing to stipulations at any time before the director issues
a final order. However, the person must pay any penalty in full prior
to the execution of a settlement agreement.
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| Source Note: The provisions of this §219.124 adopted to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359; amended to be effective June 28, 2015, 40 TexReg 4003; amended to be effective July 2, 2017, 42 TexReg 3280 |
