Title OC, Occupations Code

Sec. 1954.352. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $10,000 a day for each violation. Each day a violation continues may be considered a separate violation for purposes of imposing a penalty. (b) In determining the amount of the penalty, t…

Sec. 1954.353. OPPORTUNITY FOR HEARING; ORDER. (a) The department may impose an administrative penalty under this subchapter only after the person charged with a violation is given the opportunity for a hearing. (b) If a hearing is held, the department shall make findings of fact…

Sec. 1954.354. OPTIONS FOLLOWING DECISION. (a) Not later than the 30th day after the date the department's decision or order becomes final as provided by Section 2001.144, Government Code, the person shall: (1) pay the administrative penalty; or (2) file a petition for judicial r…

Sec. 1954.355. COLLECTION OF PENALTY. At the request of the department, the attorney general may bring a civil action to recover an administrative penalty imposed under this subchapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2015, 84t…

Sec. 1954.356. JUDICIAL REVIEW. Judicial review of a decision or order of the department imposing a penalty under this subchapter is instituted by filing a petition with a district court in Travis County and is under the substantial evidence rule as provided by Subchapter G, Chap…

Sec. 1954.357. REMITTANCE OF PENALTY AND INTEREST OR RELEASE OF BOND. If after judicial review the administrative penalty is reduced or is not upheld by the court, the department shall: (1) remit the appropriate amount, plus accrued interest, to the person not later than the 30th…

Sec. 1954.401. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a per…

Sec. 1954.402. CRIMINAL PENALTY. (a) A person required to be licensed under this chapter commits an offense if the person: (1) removes asbestos from a public building or encapsulates the asbestos without a license after having been previously assessed a civil or administrative pe…