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Texas Occupations Code - OCC § 651.555. Options after Decision: Pay or Appeal

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

(a) If an administrative penalty is assessed after a hearing conducted under Section 651.506, not later than the 30th day after the date the order is sent or a motion for rehearing is denied, the person charged shall:

(1) pay the penalty; or

(2) without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.

(b) Not later than the 30-day period, a person who acts under Subsection (a)(2) must, if the penalty that the person wishes to contest is greater than $5,000:

(1) post a supersedeas bond in a form approved by the commission for the amount of the penalty; or

(2) if the person cannot afford to pay the penalty or file the bond, file an affidavit in the manner required by the Texas Rules of Civil Procedure for a person who cannot afford to file security for costs.

(c) The commission may file a contest, as provided by the Texas Rules of Civil Procedure, to an affidavit filed under Subsection (b)(2).

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 651.555. Options after Decision: Pay or Appeal - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-651-555/

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