Section 32.2 - Appeal of a Monetary Penalty for a Violation(a) Purpose. The purpose of this section is to provide a process by which an individual may appeal a notice of violation that includes an assessment of a monetary penalty for violation of law, rule of the commission, or order of the commission. This section does not apply to other orders or decisions issued by the commission or by the executive director. Nor does this section create a right to a contested case hearing not already conferred by statute.(b) A person receiving written notice from the commission of a monetary penalty for a violation may appeal by requesting a contested case hearing no later than 20 days from receipt of the notice. The request must comply with the following requirements: (2) state whether the request challenges the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; and(3) be submitted to the executive director at the commission's office in Austin at the address provided in the notice of violation.(c) If a timely request is made, the commission shall determine if a contested hearing is authorized under the relevant statutory provisions and rules. If so, the commission shall refer the matter to SOAH for a hearing.(d) The commission's complaint shall serve as the list of issues that must be addressed. Only those issues referred by the commission may be considered in the hearing. After the conclusion of a contested case hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for decision about the occurrence of the violation and the amount of the proposed penalty in accordance with § 2001.062 of the Texas Government Code and SOAH rules.(e) If a person receiving written notice of violation from the commission fails to timely respond to the notice, the commission shall refer the matter to SOAH for a hearing. The commission's complaint shall serve as the list of issues that must be addressed. Only those issues referred by the commission may be considered in the hearing. After the conclusion of a contested case hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for decision about the occurrence of the violation and the amount of the proposed penalty in accordance with § 2001.062 of the Texas Government Code and SOAH rules.4 Tex. Admin. Code § 32.2
The provisions of this §32.2 adopted to be effective December 18, 1992, 17 TexReg 8287; amended to be effective September 6, 1998, 23 TexReg 8828; Amended by Texas Register, Volume 49, Number 06, February 9, 2024, TexReg 0633, eff. 2/15/2024