SECTION 205.65. Notice of Violation

(a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person.

(b) The notice must include:

(1) a brief summary of the alleged violation;

(2) a statement of the amount of the proposed penalty; and

(3) a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

(c) Not later than the 20th day after the date on which the notice is received, the person notified may, in writing:

(1) accept the determination and recommended penalty of the department;

(2) request a settlement conference; or

(3) request a hearing on the occurrence of the violation, the amount of the penalty, or both. A person may request both a settlement conference and a hearing in the same letter.

(d) If the person accepts the determination and recommended penalty or if the person fails to respond in a timely manner to the notice, the commissioner or the commissioner's designee shall issue an order approving the determination and imposing the recommended penalty.

Source Note: The provisions of this §205.65 adopted to be effective August 19, 2002, 27 TexReg 7532