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RULE §187.76Notice of Intention to Impose Administrative Penalty; Response

(a) Before an administrative penalty is imposed, the board will provide a licensee who is alleged to have committed an administrative violation with a notice of the allegations regarding an administrative violation and the amount of a proposed administrative penalty.

(b) The Notice shall include, at a minimum:

  (1) information regarding the allegations, based on information then available, to allow the licensee to prepare a response;

  (2) deadlines for a response and the consequences of failing to meet such deadlines;

  (3) the consequences of paying a proposed administrative penalty, including the fact that payment will constitute a public record;

  (4) the licensee's right to submit a written response or request a personal appearance;

  (5) a description of the procedural process for consideration of a written response or request for a personal appearance;

  (6) the name and contact information for an employee who can provide further information.

(c) The licensee may respond to the notice as follows:

  (1) The licensee may pay the proposed administrative penalty;

  (2) The licensee may provide a written response to the board; or

  (3) The licensee may request a personal appearance at an ISC.

(d) If the licensee submits a written response within 30 days after the complaint is received by the board, board staff may determine that the complaint should not be filed and no investigation opened. Because the board is limited to 30 days for the preliminary investigation, pursuant to §157.057(b), Occupations Code, no extensions may be granted to this deadline.

Source Note: The provisions of this §187.76 adopted to be effective March 16, 2008, 33 TexReg 2026; amended to be effective March 27, 2018, 43 TexReg 1865

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