SECTION 357.647. Payment of a Civil Monetary Penalty

(a) Within 30 days of receiving the notice of assessment specified in §79. 2406 of this title (relating to Assessment of Civil Monetary Penalty), the person must submit the full amount in a manner and format specified by DHS. If the person requests a judicial review of the false claim or penalty amount ordered under §79.2406 of this title (relating to Assessment of Civil Monetary Penalty), he shall forward the amount of the penalty to DHS or submit to DHS a supersedeas bond, in a form approved by DHS, for the full amount. The bond is effective until all judicial review of the order or decision is final.

(b) If the person pays for the penalty but the penalty is later reduced, withdrawn, or not assessed, DHS remits the appropriate amount plus the interest accrued between the date that the penalty was paid and the date that the amount is remitted. Interest accrues at the rate provided by law for legal judgments.

(c) If the person has submitted a supersedeas bond as specified in subsection (a) of this section but the penalty is later withdrawn or not assessed, DHS releases the bond. If the person has submitted a supersedeas bond but the penalty is later reduced, DHS releases the bond when it receives an acceptable substitute bond or payment for the reduced amount. The deputy commissioner or designee responsible for the program area affected by the violation releases the bond.

Source Note: The provisions of this §357.647 adopted to be effective May 16, 1988, 13 TexReg 1869; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013