16 Tex. Admin. Code § 12.691 - Procedures for Assessment of Civil Penalties
(a) Within 15 days of service of a notice or
order, the person to whom it was issued may submit written information about
the violation to the Commission and to the inspector who issued the notice of
violation or cessation order. The Commission shall consider any information so
submitted in determining the facts surrounding the violation and the amount of
the penalty.
(b) The Commission
shall serve a copy of the proposed assessment and of the worksheet showing the
computation of the proposed assessment on the person to whom the notice or
order was issued, by certified mail, within 30 days of the issuance of the
notice or order. Unless otherwise proved by competent evidence, a pleading or
other document shall be deemed to have been received by a party, on whom it has
been served in accordance with these rules, three days after it was mailed or
on the date received if delivered in person.
(1) If the mail is tendered at the address of
that person set forth in the sign required under §
12.330 of this title (relating to
Signs and Markers), or at any address at which that person is in fact located,
and he or she refuses to accept delivery of or to collect such mail, the
requirements of this subsection shall be deemed to have been satisfied upon
such tender.
(2) Failure of the
Commission to serve any proposed assessment within 30 days shall not be grounds
for dismissal unless the person against whom the proposed penalty has been
assessed:
(A) proves actual prejudice as a
result of the delay; and
(B) makes
a timely objection to the delay. An objection shall be timely only if made in
the normal course of administrative review.
(c) Unless a conference has been requested,
the Commission shall review and reassess any penalty if necessary to consider
facts which were not reasonably available on the date of issuance of the
proposed assessment because of the length of the abatement period. The
Commission shall serve a copy of any such reassessment and of the worksheet
showing the computation of the reassessment in the manner provided in
subsection (b) of this section, within 30 days after the date the violation is
abated.
Notes
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