| (A) The agency may send a copy of its order specified in this subsection to the Comptroller of Public Accounts together with necessary documents authorizing the Comptroller of Public Accounts to enforce security supplied by the licensee, convert the necessary amount of security into cash, and disburse from this security in the fund the amount necessary to pay costs of the agency actions and corrective measures. The agency shall direct the comptroller as to the amounts and recipients of the funds. (B) The agency may request the Attorney General to file suit for reimbursement if the agency uses security from the Radiation and Perpetual Care Account to pay for actions or corrective measures to remedy spills or contamination by radioactive material resulting from a violation of the Act or requirements of this chapter, license, or order of the agency. (6) The person receiving the order shall be afforded the opportunity for a hearing on an emergency order. Notice of the action, along with a complaint, shall be given to the person by personal service or certified mail, addressed to the last known address. A hearing shall be held on an emergency order if the person receiving the order submits a written request to the director within 30 days of the date of the order. (A) The hearing shall be held not less than 10 days nor more than 20 days after receipt of the written application for hearing. (B) At the conclusion of the hearing and after the proposal for decision is made as provided in the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001, the commissioner shall take one of the following actions: (i) determine that no further action is warranted; (ii) amend the license or certificate of registration; (iii) revoke or suspend the license, certificate of registration, or industrial radiographer certification; (iv) rescind the emergency order; or (v) issue such other order as is appropriate. (C) The application and hearing shall not delay compliance with the emergency order. (n) Miscellaneous provisions. (1) Computation of time. A time period established by the requirements of this chapter shall begin on the first day after the event that invokes the time period. When the last day of the period falls on a Saturday, Sunday, or state or federal holiday, the period shall end on the next day that is not a Saturday, Sunday, or state or federal holiday. The time period shall expire at 5:00 p.m. of the last day of the computed period. (2) Interested person. (A) An interested person may: (i) make sworn or unsworn statements; (ii) attend a hearing and may present evidence after the presentation of evidence by the parties; or (iii) be represented by an attorney. (B) An interested person may not: (i) cross-examine the witnesses of the parties; (ii) object to evidence presented by the parties; or (iii) appeal a decision rendered by the agency. (C) An interested person is not responsible for sharing the costs of the transcription of the hearing, but may purchase a transcript. (D) The parties may cross-examine witnesses presented by an interested person. (E) At the discretion of the ALJ an interested person may make an unsworn statement. Such statement shall not be made a part of the record. (3) Hearing location. Hearings will be held at the offices of the State Office of Administrative Hearings in Austin unless the ALJ specifies another location. (4) Prepared testimony. The following shall apply to written testimony of a witness: (A) the testimony of a witness may be reduced to writing and offered into evidence as an exhibit, provided: (i) the witness is present and has been sworn; (ii) the witness identifies and adopts the written testimony as his/her own; and (iii) all parties receive a copy of the testimony at least ten days before its submission at the hearing. (B) written testimony shall be subject to objection and may be stricken by the ALJ. The witness shall be subject to cross-examination. (5) Prior testimony. Testimony and evidence presented in the hearing to determine standing have the same weight at the hearing on the merits if a tape recording or written transcript of the standing hearing is available. (6) Non-party witness and mileage fees. (A) A witness or deponent who is not a party (or an employee, agent, or representative of a party) and who is subpoenaed or otherwise compelled to attend an agency hearing or a proceeding to give a deposition, or to produce books, records, papers, accounts, documents, or other objects necessary and proper for the purposes of the hearing or proceeding may receive reimbursement for transportation and other costs at rates established by the current Appropriations Act for state employees. (B) The person requesting the attendance of the witness or deponent must deposit with the agency the funds estimated to accrue in accordance with subparagraph (A) of this paragraph when filing a motion for the issuance of a subpoena or a commission to take a deposition. (7) Service. A return of service by the person who performed personal service, postal return receipt, or proof of mailing to the last known address shall be conclusive evidence of service. |
| Source Note: The provisions of this §289.205 adopted to be effective April 11, 1999, 24 TexReg 2668; amended to be effective December 28, 2003, 28 TexReg 11285; amended to be effective December 27, 2007, 32 TexReg 9633 |
