(a) If the Enforcement Committee decides to pursue
an administrative penalty under the Administrative Penalty Schedule
adopted by the Board, the Director of Enforcement shall issue a Notice
of Alleged Violation to the Respondent which must include a brief
summary of the alleged violation, state the amount of the penalty
pursued and inform the Respondent of the Respondent's right to a hearing
before the State Office of Administrative Hearings on the occurrence
of the violation or the amount of the penalty.
(b) Not later than the 20th day after the Notice of
Alleged Violation is received by the Respondent, the Respondent, in
writing, shall:
(1) agree to settle the matter without a formal hearing
before the State Office of Administrative Hearings and accept the
determination and settlement penalty recommended by the Enforcement
Committee; or
(2) make a request for a formal hearing before the
State Office of Administrative Hearings on the occurrence of the violation,
the amount of the penalty, or both.
(c) If the Respondent agrees to settle the matter without
a formal hearing and accepts the determination and amount of penalty
pursued by the Enforcement Committee, the Respondent shall pay the
penalty to the Board not later than 60 days following the date that
the Notice of Alleged Violation was issued.
(d) The Enforcement Committee shall provide a report
to the Board stating a summary of the facts or allegations against
the Respondent and the amount of the recommended administrative penalty
agreed to by the Enforcement Committee and the Respondent. The Board,
by order, shall approve the recommended penalty. If the Respondent
subsequently violates the Board's Order adopting the agreement between
the Respondent and the Enforcement Committee by failing to pay the
penalty timely, the Board may:
(1) refuse to renew the Respondent's license or registration;
and
(2) refuse to issue a new license or registration to
the Respondent, under §1310.451 of the Plumbing License Law.
(e) The Enforcement Committee shall set a formal hearing
on the matter as a contested case before an administrative law judge
at the State Office of Administrative Hearings if:
(1) the Respondent requests a formal hearing not later
than the 20th day after the Notice of Alleged Violation is received
by the Respondent;
(2) the Respondent fails to respond in writing to the
Notice of Alleged Violation not later than the 20th day after the
Notice of Alleged Violation is received by the Respondent; or
(3) the Respondent fails to pay the agreed settlement
penalty to the Board not later than 60 days following the date that
the Notice of Alleged Violation was issued.
(f) Following the hearing the administrative law judge
shall issue a proposal for decision to the Board containing findings
of facts and conclusions of law.
(g) Based on the proposal for decision, including the
findings of fact and conclusions of law, the Board shall issue an
Order stating its decision in the contested case and a notice to the
Respondent of the Respondent's right to judicial review of the Order.
(h) When the Board's Order includes the imposition
of an administrative penalty:
(1) not later than the 30th day after the date that
the Board's Order becomes final:
(A) the Respondent shall pay the penalty to the Board;
or
(B) the Respondent shall file a petition for judicial
review contesting the occurrence of the violation, the amount of the
penalty, or both, in accordance with §1301.707 or §1301.708
of the Plumbing License Law.
(2) after all opportunities for judicial review have
passed and it is determined that the Respondent owes the penalty and
fails to pay the penalty timely:
(A) the Board is authorized to refuse to renew the
Respondent's license or registration and refuse to issue a new license
or registration to the Respondent, under §1301.707 of the Plumbing
License Law; and
(B) the Attorney General may sue the Respondent to
collect the penalty under §1301.712 of the Plumbing License Law.
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Source Note: The provisions of this §367.10 adopted to be effective August 11, 2004, 29 TexReg 7703; amended to be effective February 3, 2011, 36 TexReg 425; amended to be effective February 14, 2013, 38 TexReg 643 |