Health & Safety Code Section 247.0454
Hearing on Administrative Penalty
(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 (Administrative Penalty) 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 (Administrative Procedure), Government Code.
Section 247.0454 — Hearing on Administrative Penalty,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm#247.0454 (accessed Dec. 2, 2023).