| (a) Purpose. The purpose of this section is to provide
a process by which an individual may appeal a notice of violation
that includes an assessment of a monetary penalty for violation of
law, rule of the commission, or order of the commission. This section
does not apply to other orders or decisions issued by the commission
or by the executive director. Nor does this section create a right
to a contested case hearing not already conferred by statute.
(b) A person receiving written notice from the commission
of a monetary penalty for a violation may appeal by requesting a contested
case hearing no later than 20 days from receipt of the notice. The
request must comply with the following requirements:
(1) be in writing;
(2) state whether the request challenges the occurrence
of the violation, the amount of the penalty, or both the occurrence
of the violation and the amount of the penalty; and
(3) be submitted to the executive director at the commission's
office in Austin at the address provided in the notice of violation.
(c) If a timely request is made, the commission shall
determine if a contested hearing is authorized under the relevant
statutory provisions and rules. If so, the commission shall refer
the matter to SOAH for a hearing.
(d) The commission's complaint shall serve as the list
of issues that must be addressed. Only those issues referred by the
commission may be considered in the hearing. After the conclusion
of a contested case hearing, the ALJ shall make findings of fact and
conclusions of law and promptly issue to the commission a proposal
for decision about the occurrence of the violation and the amount
of the proposed penalty in accordance with §2001.062 of the Texas
Government Code and SOAH rules.
(e) If a person receiving written notice of violation
from the commission fails to timely respond to the notice, the commission
shall refer the matter to SOAH for a hearing. The commission's complaint
shall serve as the list of issues that must be addressed. Only those
issues referred by the commission may be considered in the hearing.
After the conclusion of a contested case hearing, the ALJ shall make
findings of fact and conclusions of law and promptly issue to the
commission a proposal for decision about the occurrence of the violation
and the amount of the proposed penalty in accordance with §2001.062
of the Texas Government Code and SOAH rules.
|
| Source Note: The provisions of this §32.2 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective February 15, 2024, 49 TexReg 633 |
