Tex.
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.
Source:
Section 247.0454 — Hearing on Administrative Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm#247.0454 (accessed Feb. 26, 2025).
