§ 431.055 Administrative Penalty Assessment Procedure

§ 431.056. Payment of Administrative Penalty

    (a) Not later than the 30th day after the date an order finding that a violation has occurred is issued, the commissioner shall inform the person against whom the order is issued of the amount of the penalty for the violation.

    (b) Not later than the 30th day after the date on which a decision or order charging a person with a penalty is final, the person shall:

        (1) pay the penalty in full; or

        (2) if the person seeks judicial review of the amount of the penalty, the fact of the violation, or both:

            (A) send the amount of the penalty to the commissioner for placement in an escrow account; or

            (B) post with the commissioner a bond for the amount of the penalty.

    (c) A bond posted under this section must be in a form approved by the commissioner and be effective until all judicial review of the order or decision is final.

    (d) A person who does not send money to the commissioner or post the bond within the period prescribed by Subsection (b) waives all rights to contest the violation or the amount of the penalty.