(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. If the Respondent subsequently violates the Board's Order adopting the agreement between the Respondent and the Enforcement Committee by failing to pay the penalty timely, the Board may: (1)refuse to renew the Respondent's license or registration; and (2)refuse to issue a new license or registration to the Respondent, under §1310.451 of the Plumbing License Law. (e)The Enforcement Committee shall set a formal hearing on the matter as a contested case before an administrative law judge 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)Following the hearing the administrative law judge shall issue a proposal for decision to the Board containing findings of facts and conclusions of law. (g)Based on the proposal for decision, including the findings of fact and conclusions of law, the Board shall issue an Order stating its decision in the contested case and a notice to the Respondent of the Respondent's right to judicial review of the Order. (h)When the Board's Order includes the imposition of an administrative penalty: (1)not later than the 30th day after the date that the Board's Order becomes final: (A)the Respondent shall pay the penalty to the Board; or (B)the Respondent shall file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both, in accordance with §1301.707 or §1301.708 of the Plumbing License Law. (2)after all opportunities for judicial review have passed and it is determined that the Respondent owes the penalty and fails to pay the penalty timely: (A)the Board is authorized to refuse to renew the Respondent's license or registration and refuse to issue a new license or registration to the Respondent, under §1301.707 of the Plumbing License Law; and (B)the Attorney General may sue the Respondent to collect the penalty under §1301.712 [§1301.713] of the Plumbing License Law.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on November 16, 2012
TRD-201205965 Lisa
Hill
Executive Director
Texas State Board of Plumbing Examiners
Proposed date of adoption: January 14, 2013
For further information, please call: (512) 936-5224
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