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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 117END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER FCORRECTIVE ACTION PLAN AND ENFORCEMENT
RULE §117.86Recovery of Costs

(a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked, or if administrative penalties are assessed against the person.

(b) The person shall pay expenses and costs assessed under this section not later than the 30th calendar day after the date of an order requiring the payment of expenses and costs is final.

(c) The department may refer the matter to the attorney general for collection of the expenses and costs.

(d) If the attorney general brings an action against a person under Health and Safety Code, §251.063 or §251.065 or to enforce an administrative penalty assessed, and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.

(e) For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.


Source Note: The provisions of this §117.86 adopted to be effective July 6, 2010, 35 TexReg 5835

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