Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,553
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
SECTION 1.68. Section 1951.553, Occupations Code, is amended to read
as follows:
Sec. 1951.553. REPORT AND NOTICE OF VIOLATION AND
PENALTY. (a) If, after investigation of a possible violation and the facts
surrounding that possible violation, the commissioner executiveo director]
determines that a violation has occurred, the commissioner [exeeutive -director]
may issue a violation report:
(1) stating the facts on which the conclusion that a violation occurred is
based;
(2) recommending that an administrative penalty under this subchapter
be imposed on the person charged; and
(3) recommending the amount of the proposed penalty.
(b) The commissioner [executive director] must base the recommended
amount of the proposed penalty on the seriousness of the violation determined
after considering the factors set forth in Section 1951.552(b).
(c) Not later than the 14th day after the date on which the report is issued,
the commissioner executivee direeter] shall give written notice of the report to the
person charged. The notice must include:
(1) a brief summary of the charges;
(2) a statement of the amount of the penalty recommended; and
(3) a statement of the right of the person charged to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
SECTION 1.69. Section 1951.554, Occupations Code, is amended to read
as follows:
Sec. 1951.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the notice, the
person may:
(1) accept the commissioner's [executive director' ] determination,
including the recommended administrative penalty; or
(2) make a written request for a hearing on the determination.
(b) If the person charged accepts the commissioner's [exeeutive -directr' e]
determination, the commissioner [bead] shall issue an order approving the
determination and ordering the payment of the recommended penalty.
SECTION 1.70. Section 1951.555, Occupations Code, is amended to read
as follows:
Sec. 1951.555. HEARING; DECISION BY COMMISSIONER [BOAR ].
(a) If the person requests a hearing or fails to respond in a timely manner to the
notice, the commissioner [beard] shall set a hearing and give notice of the
hearing.Saturday, May 26, 2007
HOUSE JOURNAL
85th Day 6553
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97476/m1/99/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.