Tex. Health & Safety Code § 247.0454 · Subchapter C. GENERAL ENFORCEMENT
HEARING ON ADMINISTRATIVE PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An administrative law judge shall order a hearing and the department shall give notice of the hearing if a person charged with a violation under Section 247.0451 timely requests a hearing.
(b) The hearing shall be held before an administrative law judge.
(c) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for decision regarding the occurrence of a violation of this chapter or a rule, standard, or order adopted under this chapter or a term of a license issued under this chapter and a recommendation regarding the amount of the proposed penalty if a penalty is warranted.
(d) Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, the department by order may:
(1) find that a violation has occurred and assess an administrative penalty; or
(2) find that a violation has not occurred.
(e) If the department finds that a violation has not occurred, the department shall order that all records reflecting that the department found a violation had occurred and attempted to impose an administrative penalty shall be expunged except:
(1) records obtained by the department during its investigation; and
(2) the administrative law judge's findings of fact.
(f) Proceedings under this section are subject to Chapter 2001, Government Code.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0715, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm
- Text hash
- sha256 fd499b7f43ee9876dfbe3e7e8b53e06d483504e84bd588637cb0dcba1b3368b6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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