Texas § 436.035 ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

Texas Statutes

§ 436.035 — ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

Texas § 436.035

Code HSHealth and Safety Code

This text of Texas § 436.035 (ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 436.035 (2026).

Text

Sec. 436.035. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

(a)The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.

(b)If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.

(c)If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.

(d)The department shall issue an order requiring a person to pay a penalty assessed under this section.

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Sec. 436.035. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE. (a) The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.
(b) If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.
(c) If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.
(d) The department shall issue an order requiring a person to pay a penalty assessed under this section.

Legislative History

Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1102, eff. April 2, 2015.