A proceeding to impose the penalty is considered to be a contested case subject to the Administrative Procedure Act, Texas Government Code Chapter 2001, the department's sections on formal hearings, §§1.21, 1.23, 1.25 and 1.27, and the provisions of the Act found in the Health and Safety Code, Chapter 485, Subchapter D.
25 Tex. Admin. Code § 205.66