Texas Occupations Code 201.504 – Informal Proceedings; Refunds
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(a) The board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under § 2001.056, Government Code; and
(2) an informal proceeding held in compliance with § 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an opportunity to be heard; and
(2) require the presence of a representative of the attorney general or the board’s legal counsel to advise the board or the board’s employees.
Terms Used In Texas Occupations Code 201.504
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) Subject to Subsection (d), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(d) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The board may not require payment of other damages or estimate harm in a refund order.