Tex. Occ. Code Section 604.311
Administrative Penalty Expenses and Costs

(a)

In this section, “reasonable expenses and costs” includes expenses incurred by the advisory board or the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney’s fees, witness fees, and deposition expenses.

(b)

The advisory board may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the advisory board requiring the payment of expenses and costs is final. The advisory board may refer the matter to the attorney general for collection of the expenses and costs.

(c)

If the attorney general brings an action against a person to enforce an administrative penalty assessed under this subchapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the advisory board, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.208, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.194, eff. September 1, 2015.

Source: Section 604.311 — Administrative Penalty Expenses and Costs, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­604.­htm#604.­311 (accessed Jun. 5, 2024).

604.001
Definitions 604.002
Interpretation: Practice of Medicine 604.003
Effect of Chapter 604.021
Texas Board of Respiratory Care 604.022
Appointment of Advisory Board 604.023
Membership Eligibility and Restrictions 604.024
Terms 604.025
Officers 604.026
Grounds for Removal 604.027
Per Diem 604.028
Application of Open Meetings, Open Records, and Administrative Procedure Laws 604.029
Meetings 604.030
Training 604.052
General Powers and Duties of Advisory Board 604.053
Fees 604.054
Approval of Education Programs 604.055
Peer Assistance Program 604.057
Rules Regarding Advertising or Competitive Bidding 604.058
Rules on Consequences of Criminal Conviction 604.059
Assistance by Medical Board 604.060
Public Participation 604.101
Certificate or Temporary Permit Required 604.102
Use of Title 604.103
Application 604.104
Requirement for Certificate 604.105
Issuance of Certificate 604.106
Issuance of Certificate by Reciprocity 604.107
Requirements for Temporary Permit 604.108
Issuance of Temporary Permit 604.109
Transfer of Certificate or Temporary Permit Prohibited 604.110
Delegation of Authority to Issue Certificate or Temporary Permit 604.151
Certificate Renewal 604.152
Notice of Certificate Renewal 604.153
Issuance of Renewal Certificate 604.154
Continuing Education Requirements 604.156
Inactive Status 604.157
Renewal of Temporary Permit 604.158
Refusal for Violation of Board Order 604.171
Complaint Information and Status 604.172
Conduct of Investigation 604.173
Access to Complaint Information 604.174
Health Care Entity Request for Information 604.175
Confidentiality of Investigative Information 604.176
Permitted Disclosure of Investigative Information 604.201
Disciplinary Action 604.202
Emergency Suspension 604.203
Administrative Procedure for Contested Case Hearing 604.204
Effect of Denial of Application or Revocation of Certificate or Temporary Permit 604.205
Delegation of Certain Complaint Dispositions 604.206
Subpoena 604.207
Protection of Patient Identity 604.208
Required Suspension of License of Incarcerated Certificate or Temporary Permit Holder 604.209
Informal Proceedings 604.210
Advisory Board Representation in Informal Proceedings 604.211
Roles and Responsibilities of Participants in Informal Proceedings 604.212
Limit on Access to Investigation Files 604.213
Refund 604.214
Expert Immunity 604.301
Imposition of Penalty 604.302
Amount of Penalty 604.303
Notice of Violation and Penalty 604.304
Penalty to Be Paid or Hearing Requested 604.305
Hearing 604.306
Decision by Advisory Board 604.307
Options Following Decision: Pay or Appeal 604.308
Collection of Penalty 604.309
Determination of Court 604.310
Remittance of Penalty and Interest 604.311
Administrative Penalty Expenses and Costs 604.312
Administrative Procedures 604.351
General Criminal Penalty 604.352
Other Criminal Offenses 604.0521
Guidelines for Early Involvement in Rulemaking Process 604.0522
Powers and Duties of Medical Board Relating to Respiratory Care Practitioners 604.1031
Criminal History Record Information Requirement for Certificate or Temporary Permit 604.1041
Examination 604.1042
Notification of Examination Results 604.1521
Procedure for Renewal 604.1522
Renewal of Certificate by Out-of-state Practitioner 604.1523
Criminal History Record Information Requirement for Renewal 604.2011
Surrender of Certificate or Temporary Permit
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 604.311’s source at texas​.gov