(a) If the department proposes to deny an application for a license or take a disciplinary action or impose an administrative penalty against a license holder, the applicant or license holder is entitled to a hearing.

Terms Used In Texas Occupations Code 1802.253

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(b) At a hearing under this section, the applicant may:
(1) be present and be heard in person or by counsel; and
(2) have an opportunity to offer evidence by oral testimony, affidavit, or deposition.
(c) Written notice may be served by personal delivery to the applicant or by certified mail to the last known mailing address of the applicant.
(d) A proceeding relating to a license denial or disciplinary action by the department under this chapter is a contested case under Chapter 2001, Government Code.

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