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 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, Government Code.Tex. Health and Safety Code § 247.0454
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.0715, eff. 4/2/2015.Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. 9/1/2001.