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(a)If the Enforcement Committee decides to pursue an administrative penalty under the Administrative Penalty Schedule adopted by the Board, the Director of Enforcement shall issue a Notice of Alleged Violation to the Respondent which must include a brief summary of the alleged violation, state the amount of the penalty pursued and inform the Respondent of the Respondent's right to a hearing before the State Office of Administrative Hearings on the occurrence of the violation or the amount of the penalty. (b)Not later than the 20th day after the Notice of Alleged Violation is received by the Respondent, the Respondent, in writing, shall: (1)agree to settle the matter without a formal hearing before the State Office of Administrative Hearings and accept the determination and settlement penalty recommended by the Enforcement Committee; or (2)make a request for a formal hearing before the State Office of Administrative Hearings on the occurrence of the violation, the amount of the penalty, or both. (c)If the Respondent agrees to settle the matter without a formal hearing and accepts the determination and amount of penalty pursued by the Enforcement Committee, the Respondent shall pay the penalty to the Board not later than 60 days following the date that the Notice of Alleged Violation was issued. (d)The Enforcement Committee shall provide a report to the Board stating a summary of the facts or allegations against the Respondent and the amount of the recommended administrative penalty agreed to by the Enforcement Committee and the Respondent. The Board, by order, shall approve the recommended penalty. (e)The Enforcement Committee shall set a formal hearing on the matter as a contested case at the State Office of Administrative Hearings if: (1)the Respondent requests a formal hearing not later than the 20th day after the Notice of Alleged Violation is received by the Respondent; (2)the Respondent fails to respond in writing to the Notice of Alleged Violation not later than the 20th day after the Notice of Alleged Violation is received by the Respondent; or (3)the Respondent fails to pay the agreed settlement penalty to the Board not later than 60 days following the date that the Notice of Alleged Violation was issued. (f)The Board shall not renew the license or registration of a Respondent who fails to: (1)respond in writing to the Notice of Alleged Violation not later than the 20th day after the notice was received by the Respondent; or (2)pay the settlement penalty to the Board not later than 60 days following the date that the Notice of Alleged Violation was issued, if the Respondent previously agreed to the penalty in written response to the Notice of Alleged Violation.
This agency hereby certifies that the adoption
has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 22, 2004
TRD-200404678 Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: August 11, 2004
Proposal publication date: May 21, 2004
For further information, please call: (512) 458-2145
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