Tex. Health & Safety Code Section 401.388
Hearing and Decision

(a)

If the person charged requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings and shall give notice of a hearing to be held by that office.

(b)

The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings.

(c)

The administrative law judge shall make findings of fact and promptly issue to the department a written proposal for decision as to the occurrence of the violation and a recommendation of the amount of the proposed penalty if a penalty is warranted.

(d)

Based on the findings of fact and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and assess an administrative penalty or may find that no violation occurred.

(e)

All proceedings under Subsections (a)-(d) are subject to Chapter 2001 (Administrative Procedure), Government Code.

(f)

The department shall give notice to the person charged of the department’s decision, and if the department finds that a violation has occurred and an administrative penalty has been assessed, the department shall give to the person charged written notice of:

(1)

the department’s findings;

(2)

the amount of the penalty; and

(3)

the person’s right to judicial review of the department’s order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.241, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 56, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1009, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0926, eff. April 2, 2015.

Source: Section 401.388 — Hearing and Decision, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­401.­htm#401.­388 (accessed Jun. 5, 2024).

401.001
Policy 401.002
Purpose 401.003
Definitions 401.004
Low-level Radioactive Waste Defined 401.0005
Short Title 401.005
Code of Federal Regulations References 401.011
Radiation Control Agency 401.012
Designation of Director 401.013
Duties of Director 401.014
Employees 401.015
Radiation Advisory Board 401.016
Officers 401.017
Salary 401.018
Meetings 401.019
Advisory Board Duties 401.020
Duty of Agencies with Radiation-related Programs 401.051
Adoption of Rules and Guidelines 401.052
Rules for Transportation and Routing 401.053
Classification System for Low-level Radioactive Waste 401.054
Notice and Hearing 401.055
Orders 401.056
Emergency Orders 401.057
Records 401.058
Information 401.059
Program Development 401.060
Studies, Investigations, Etc 401.061
Low-level Radioactive Waste Studies 401.062
Training Programs 401.063
General Inspection Authority 401.064
Inspection of X-ray Equipment 401.065
Inspection Agreements 401.066
Surveillance Plans 401.067
Local Government Inspections 401.068
Impounding Sources of Radiation 401.069
Memorandum of Understanding 401.070
Relationship with Other Entities 401.071
General Powers of Commission in Relation to Low-level Radioactive Waste 401.072
Disposal or Storage of High-level Radioactive Waste 401.101
License and Registration Requirement 401.102
Application to Nuclear Reactor Facilities 401.103
Rules and Guidelines for Licensing and Registration 401.104
Licensing and Registration Rules 401.105
Recognition of Other Licenses 401.106
Exemption from Licensing or Registration Requirements or from Application of Rule 401.107
License Application 401.108
Financial Qualifications 401.109
Security 401.110
Determination on License 401.111
Criteria for Certain Unsuitable New Sites 401.112
Low-level Radioactive Waste Processing or Disposal License Application and Considerations 401.113
Environmental Analysis 401.114
Notice and Hearing 401.115
Licenses from Other Agencies 401.116
License Amendment 401.117
Construction Limitation 401.118
License Form and Content 401.119
License Transfer 401.0151
Training for Advisory Board Members 401.151
Compatibility with Federal Standards 401.0152
Information About Standards of Conduct 401.152
Corrective Action and Measures 401.0153
Grounds for Removal 401.0181
Public Testimony 401.201
Regulation of Low-level Radioactive Waste Disposal 401.202
Licensing Authority 401.204
Acquisition of Property 401.205
Responsibilities of Persons Licensed to Dispose of Low-level Radioactive Waste 401.206
Resident Inspector 401.207
Out-of-state Waste 401.208
Study of Capacity 401.209
Acquisition and Operation of Low-level Radioactive Waste Disposal Sites 401.210
Transfer Costs of Property 401.211
Liability 401.212
Monitoring, Maintenance, and Emergency Measures 401.213
Interstate Compacts 401.214
Regional Disposal Facility Under Compact 401.215
Acceptance of Low-level Radioactive Waste 401.216
Federal Facility Waste Disposal 401.217
Location of Disposal Facility Site 401.218
Disposal of Certain Waste 401.219
Techniques for Managing Low-level Radioactive Waste 401.220
Design of Facility 401.221
Mixed Waste 401.222
Term of License 401.223
Health Surveillance Survey 401.224
Packaging of Radioactive Waste 401.225
Shipment of Low-level Radioactive Waste 401.226
Improperly Processed or Packaged Low-level Radioactive Waste 401.227
Selection of Application for Compact Waste Disposal Facility License 401.228
Notice to Receive Applications 401.229
Application Processing Fee 401.230
Receipt of Applications 401.231
Administratively Complete Application 401.232
Evaluation of Applications 401.237
Technical Review 401.238
Notice of Draft License and Opportunity for Hearing 401.239
Contested Case 401.240
Judicial Review 401.241
Security 401.242
Acceptance of Waste 401.243
Compliance History 401.244
Host County Public Projects 401.245
Party State Compact Waste Disposal Fees 401.246
Waste Disposal Fee Criteria 401.247
Reasonable and Necessary Expenses 401.248
Limitations on Low-level Radioactive Waste Disposal 401.249
Low-level Radioactive Waste Fund 401.250
Payments by Party States 401.251
Low-level Radioactive Waste Disposal Compact Commission Account 401.261
Subchapter Application 401.262
Management of Certain By-product Material 401.263
Application 401.264
Notice and Hearing 401.265
Conditions of Certain By-product Material Licenses 401.266
Transfer of Land Required 401.267
Acquisition and Sale of Certain By-product Materials and Sites 401.268
Liability 401.269
Monitoring, Maintenance, and Emergency Measures 401.270
Corrective Action and Measures 401.271
State Fee on Radioactive Substances 401.272
Audit Authority 401.301
License and Registration Fees 401.302
Nuclear Reactor and Fixed Nuclear Facility Fee 401.303
Payment for Maintenance, Surveillance, or Other Care 401.304
Acceptance and Administration of Funds 401.305
Radiation and Perpetual Care Account 401.306
Environmental Radiation and Perpetual Care Account 401.307
Perpetual Care Account and Environmental Radiation and Perpetual Care Account Caps 401.341
Judicial Review 401.342
Suit by Attorney General 401.343
Recovery of Security 401.381
General Civil Penalties 401.382
General Criminal Penalty 401.383
Criminal Penalty for Certain Acts Related to Low-level Radioactive Waste 401.384
Administrative Penalty 401.385
Preliminary Report of Violation 401.386
Notice of Preliminary Report 401.387
Consent to Penalty 401.388
Hearing and Decision 401.389
Disposition of Penalty 401.390
Remitting Penalty Payments 401.393
Commission Enforcement 401.412
Commission Licensing Authority 401.413
Commission Disposal License Required 401.414
Memoranda of Understanding 401.415
Oil and Gas Norm Waste 401.421
Definitions 401.422
Certification Required 401.423
Powers and Duties of Executive Commissioner and Department 401.424
Mammography Certification Standards 401.426
Application for Certification 401.427
Certification Renewal 401.428
Denial, Suspension, Revocation, or Reinstatement of Certification 401.429
Certification for Multiple Mammography Systems 401.430
Inspections 401.501
Definitions 401.502
Examination 401.503
Application Process 401.504
Certificate for Individuals Required 401.505
Certified Laser Hair Removal Professional 401.506
Senior Laser Hair Removal Technician 401.507
Laser Hair Removal Technician 401.508
Laser Hair Removal Apprentice-in-training 401.509
Continuing Education 401.510
Facility License Required 401.512
Term of Certificate or License 401.513
Display of License or Certificate 401.514
Laser or Pulsed Light Device 401.515
Customer Notice 401.516
Warning Signs 401.517
Operational Requirements 401.518
Safety 401.519
Consulting Physician 401.520
Disclosure of Record Prohibited 401.521
Prohibited Practice 401.522
Amount of Administrative Penalty 401.0525
Groundwater Protection Standards 401.2005
Definitions 401.2051
Conveyance of Waste 401.2085
Review of Financial Assurance 401.2445
State Fee 401.2455
Interim Party State Compact Waste Disposal Fees 401.2456
Contracts for Nonparty Compact Waste Disposal 401.2625
Licensing Authority 401.5011
General Powers and Duties
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 401.388’s source at texas​.gov