| (a) The department shall send a written notice of alleged
violation if the department:
(1) seeks an enforcement action against a person for
an alleged violation of the statutes and rules of the department or
its programs; or
(2) proposes to revoke a person's license or deny a
license renewal application based on criminal history.
(b) The department shall send a written notice of continued
license restrictions if the department proposes to continue the restrictions
on a person's license pursuant to Texas Occupations Code §51.358(c)
and (d).
(c) The department shall send the notices under subsections
(a) and (b) by certified mail with electronic return receipt.
(d) Any notice or document served upon a person is
prima facie evidence of receipt if it is directed to the person's
last known complete, correct address as shown by the department's
records. This presumption is rebuttable. Failure to claim properly
addressed certified or registered mail will not support a finding
of non-delivery.
(e) Within twenty days after receiving a notice of
alleged violation or notice of continued license restrictions, the
person may either: accept the department's determination and recommended
administrative penalty, sanction, or both; or make a written request
for a hearing on the department's determination. There is a rebuttable
presumption that notice is received three days after the notice was
mailed.
(f) If the person accepts the department's determination,
the department and the person shall enter into an agreement as prescribed
under §60.304. If a timely written request for a hearing is made,
the department shall refer the department's determination to SOAH
for a hearing.
(g) If the person fails to accept the department's
determination or fails to request a hearing, the department may propose
entry of a default order against the person, unless otherwise provided
by applicable law.
(1) The department may present to the commission or
the executive director a proposed default order containing findings
of fact and conclusions of law.
(2) The department shall send the person a notice of
the proposed default order with the deadline after which the default
order may be signed.
(3) The commission or executive director shall sign
the default order unless by the deadline in paragraph (2), the person:
(A) accepts the department's determination and enters
into an agreement as prescribed under §60.304; or
(B) makes a written request for a hearing on the department's
determination, in which case the department shall refer its determination
to SOAH for a hearing.
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