(a) In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the commission under this chapter. Each day a violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty under Section 394.081.

Terms Used In Texas Transportation Code 394.082

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Rule: includes regulation. See Texas Government Code 311.005

(c) A proceeding under this section is a contested case under Chapter 2001, Government Code.
(d) Judicial review of an appeal of an administrative penalty imposed under this section is under the substantial evidence rule.
(e) An administrative penalty collected under this section shall be deposited to the credit of the state highway fund.

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