SECTION 205.16. Recall Orders

(a) In conjunction with the detention or embargo of bedding under §205.13 of this title (relative to Detained or Embargoed Bedding), the commissioner may order bedding to be recalled from commerce.

(b) The commissioner's recall order may require the bedding to be removed to one or more secure areas approved by the commissioner or an authorized agent.

(c) The recall order must be in writing and signed by the commissioner.

(d) The recall order may be issued before or in conjunction with the affixing of the notice under §205.13 of this title.

(e) The recall is effective until the order:

(1) expires on its own terms;

(2) is withdrawn by the commissioner; or

(3) is reversed by a court in an order denying condemnation.

(f) The claimant of the bedding or the claimant's agent shall pay the costs of the removal and storage of the bedding removed.

(g) If the claimant or the claimant's agent fails or refuses to carry out the recall order in a timely manner, the commissioner may provide for the recall of the bedding. The costs of the recall shall be assessed against the claimant of the bedding or the claimant's agent.

(h) The commissioner may request the attorney general to bring an action in the district court of Travis County to recover the costs of the recall, attorney's fees, court costs, and interest from the time the expense was incurred through the date the department was reimbursed.

Source Note: The provisions of this §205.16 adopted to be effective October 3, 1999, 24 TexReg 8181