SECTION 60.301. Notice of Alleged Violation; Notice of Continued License Restrictions

(a) The department shall send a written notice of alleged violation if the department:

(1) seeks an enforcement action against a person for an alleged violation of the statutes and rules of the department or its programs; or

(2) proposes to revoke a person's license or deny a license renewal application based on criminal history.

(b) The department shall send a written notice of continued license restrictions if the department proposes to continue the restrictions on a person's license pursuant to Texas Occupations Code §51.358(c) and (d).

(c) The department shall send the notices under subsections (a) and (b) by certified mail with electronic return receipt.

(d) Any notice or document served upon a person is prima facie evidence of receipt if it is directed to the person's last known complete, correct address as shown by the department's records. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of non-delivery.

(e) Within twenty days after receiving a notice of alleged violation or notice of continued license restrictions, the person may either: accept the department's determination and recommended administrative penalty, sanction, or both; or make a written request for a hearing on the department's determination. There is a rebuttable presumption that notice is received three days after the notice was mailed.

(f) If the person accepts the department's determination, the department and the person shall enter into an agreement as prescribed under §60.304. If a timely written request for a hearing is made, the department shall refer the department's determination to SOAH for a hearing.

(g) If the person fails to accept the department's determination or fails to request a hearing, the department may propose entry of a default order against the person, unless otherwise provided by applicable law.

(1) The department may present to the commission or the executive director a proposed default order containing findings of fact and conclusions of law.

(2) The department shall send the person a notice of the proposed default order with the deadline after which the default order may be signed.

(3) The commission or executive director shall sign the default order unless by the deadline in paragraph (2), the person:

(A) accepts the department's determination and enters into an agreement as prescribed under §60.304; or

(B) makes a written request for a hearing on the department's determination, in which case the department shall refer its determination to SOAH for a hearing.

Source Note: The provisions of this §60.301 adopted to be effective June 1, 2023, 48 TexReg 2694