SECTION 187.80. Imposition of Administrative Penalty

(a) The board may enter an order imposing an administrative penalty in accordance with §165.004 of the Act at the next regular meeting of the board after the expiration of 30 days after Notice of Intention to Impose Administrative Penalty is sent to the licensee if:

(1) the licensee has failed to respond to the notice; or

(2) the DPRC has approved the imposition of an administrative penalty.

(b) Upon imposition of an administrative penalty, the board shall notify the licensee of the board's order. The notice shall include a statement of the right of the licensee to judicial review of the order, in accordance with §165.005 of the Act.

(c) If the licensee pursues judicial review of the order, the administrative record shall include the Notice of Intention to Impose Administrative Penalty, any written response provided by the licensee, any documents reviewed by board representatives at an ISC, the recommendation of the board representative(s), any documents considered by the DPRC, the minutes of the DPRC, the minutes of the board imposing an administrative penalty, and the order imposing an administrative penalty.

(d) An administrative penalty imposed by the board shall be due and payable to the board within 60 days after the licensee receives notice of the board's order.

Source Note: The provisions of this §187.80 adopted to be effective March 16, 2008, 33 TexReg 2026; amended to be effective March 27, 2018, 43 TexReg 1865