40 Tex. Admin. Code § 844.55

Current through Reg. 50, No. 1; January 3, 2025
Section 844.55 - Appeal and Determination Finality
(a) Appealable Determinations:
(1) An employer determined to have violated this chapter may appeal the preliminary determination order, within 30 days of the mailing date of the determination, to dispute whether a violation of Texas Health and Safety Code, Chapter 81D occurred, or the amount of the assessed investigative costs.
(2) An employer determined to have not met the remedial action requirements under §844.51 of this subchapter may appeal the determination on remedial action within 30 days of the mailing date of the determination.
(3) An employer may appeal a combined determination under §844.50(c) of this subchapter to dispute any of the issues contained therein within 30 days of the mailing date of the determination.
(b) A determination becomes final unless a party files an appeal before the appeal deadline.
(c) An appeal must be filed in writing by mail, common carrier, facsimile (fax), or other method approved by the Agency on the preliminary determination order or on the determination on remedial action.
(d) A penalty and cost order is not an appealable document.
(e) A complainant may appeal any determination or decision issued under this subchapter, regardless of the finding, within 30 days of the mailing date of the determination.

40 Tex. Admin. Code § 844.55

Adopted by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10668, eff. 12/30/2024