(a) The board may enter an order imposing an administrative
penalty in accordance with §165.004 of the Act at the next regular
meeting of the board after the expiration of 30 days after Notice
of Intention to Impose Administrative Penalty is sent to the licensee
if:
(1) the licensee has failed to respond to the notice;
or
(2) the DPRC has approved the imposition of an administrative
penalty.
(b) Upon imposition of an administrative penalty, the
board shall notify the licensee of the board's order. The notice shall
include a statement of the right of the licensee to judicial review
of the order, in accordance with §165.005 of the Act.
(c) If the licensee pursues judicial review of the
order, the administrative record shall include the Notice of Intention
to Impose Administrative Penalty, any written response provided by
the licensee, any documents reviewed by board representatives at an
ISC, the recommendation of the board representative(s), any documents
considered by the DPRC, the minutes of the DPRC, the minutes of the
board imposing an administrative penalty, and the order imposing an
administrative penalty.
(d) An administrative penalty imposed by the board
shall be due and payable to the board within 60 days after the licensee
receives notice of the board's order.
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