Section 224.116 - [Effective 6/1/2024] Administrative Proceedings(a) If the department decides to take an enforcement action under § 218.16 of this title (relating to Insurance Requirements) for the revocation of self-insured status, § 218.64 of this title (relating to Rates), § 218.71 of this title (relating to Administrative Penalties), § 219.121 of this title (relating to Administrative Penalties and Sanctions under Transportation Code, § 623.271), § 218.72 of this title (relating to Administrative Sanctions), or § 219.126 of this title (relating to Administrative Penalty for False Information on Certificate by a Shipper), the department shall mail a Notice of Department Decision to the person by first class mail to the last known address as shown in department records. If the enforcement action falls under the Memorandum of Agreement with the Federal Motor Carrier Safety Administration (FMCSA) under §218.71, the department shall mail the Notice of Department Decision to the person by first class mail to the last known address as shown in FMCSA's records.(b) The Notice of Department Decision shall include:(1) a brief summary of the alleged violation or enforcement action being proposed;(2) a statement describing each sanction, penalty, or enforcement action proposed;(3) a statement informing the person of the right to request a hearing;(4) a statement of the procedure a person must use to request a hearing, including the deadline for filing a request with the department and the acceptable methods to request a hearing; and(5) a statement that a proposed penalty, sanction, or enforcement action will become final and take effect on a specific date if the person fails to request a hearing.(c) A person must submit to the department a written request for a hearing to the address provided in the Notice of Department Decision not later than the 26th day after the date the notice is mailed by the department; however, this requirement does not apply to a contested case that falls under §218.64 and Transportation Code, § 643.154.(d) If a person submits a timely written request for a hearing or the contested case that falls under §218.64 and Transportation Code, § 643.154, the department will contact the person and attempt to informally resolve the contested case. If the person and the department cannot informally resolve the contested case, the department will refer the contested case to SOAH to set a hearing date and will give notice of the time and place of the hearing to the person.(e) Except as provided by Transportation Code, §643.154, if the person does not make a timely request for a hearing or agree to settle a contested case within 26 days of the date the Notice of Department Decision was mailed, the allegations are deemed admitted on the 27th day and a final order including sanctions and penalties may be issued by the final order authority.(f) Except as provided by statute and the applicable provisions of this chapter, any SOAH proceeding is governed by Government Code, Chapter 2001 and 1 TAC Chapter 155, including the authority of the department to informally dispose of the contested case by stipulation, agreed settlement, consent order, or default. The department will follow the process set forth in Transportation Code, § 643.2525 and the applicable provisions of this chapter when enforcing the federal laws and regulations cited in §218.71 to the extent authorized by applicable federal laws and regulations.(g) The department and the person may informally resolve the contested case by entering into a settlement agreement or agreeing to stipulations at any time before the director issues a final order. However, the person must pay any penalty in full prior to the execution of a settlement agreement.43 Tex. Admin. Code § 224.116
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2784, eff. 6/1/2024