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Texas Occupations Code - OCC § 507.357. Options Following Decision: Pay or Appeal

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Not later than the 30th day after the date the executive council's order becomes final, the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review 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 approved by the court that is:

(i) for the amount of the penalty; and

(ii) effective until judicial review of the executive council'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 bond; and

(B) giving a copy of the affidavit to the executive council by certified mail.

(c) If the executive council receives a copy of an affidavit under Subsection (b)(2), the executive council 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 the enforcement of the penalty on finding that the alleged facts are true. The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 507.357. Options Following Decision: Pay or Appeal - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-507-357/

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