(a) Not later than the 30th day after the date the board's order becomes final, the
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review contesting the fact of
the violation, the amount of the penalty, or both; or
(3) without paying the penalty, file a petition for judicial review contesting the
fact of the violation, the amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow account; or
(B) giving to the court a supersedeas bond that is approved by the court and that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the board's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person stating that the person
is financially unable to pay the penalty and is financially unable to give the supersedeas
(B) giving a copy of the affidavit to the executive director by certified mail.
(c) If the executive director receives a copy of an affidavit under Subsection (b)(2),
the executive director may file with the court a contest to the affidavit not later
than the fifth day after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the affidavit as soon as
practicable and shall stay enforcement of the penalty on finding that the alleged
facts are true. The person who files an affidavit has the burden of proving that the person is financially
unable to pay the penalty and to give a supersedeas bond.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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