Texas Occupations Code 651.555 – Options After Decision: Pay or Appeal
(a) If an administrative penalty is assessed after a hearing conducted under § 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.
Terms Used In Texas Occupations Code 651.555
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
(c) The commission may file a contest, as provided by the Texas Rules of Civil Procedure, to an affidavit filed under Subsection (b)(2).