The Act - Texas Board of Professional Land Surveying

and order payment of the recommended penalty.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.455.AAHEARING ON RECOMMENDATIONS.A (a)AAIf the
person requests a hearing or fails to respond in a timely manner to
the notice under Section 1071.453, the board shall set a hearing and
give notice of the hearing to the person.
(b)AAA proceeding under this section is subject to Chapter
2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.456.AANOTICE OF DECISION BY BOARD.A The board
shall give notice of the board ’s order to the person charged.
The
notice must include:
(1)AAthe findings of fact and conclusions of law
separately stated;
(2)AAthe amount of any administrative penalty imposed;
(3)AAa statement of the person ’s right to judicial
review of the board ’s order;
and
(4)AAother information required by law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.457.AAOPTIONS FOLLOWING DECISION:
PAY OR APPEAL.A
(a)AANot later than the 30th day after the date the board ’s order
becomes final as provided by Section 2001.144, Government Code, the
person shall:
(1)AApay the administrative penalty;
or
(2)AAfile a petition for judicial review contesting the
fact of the violation, the amount of the penalty, or both.
(b)AAWithin the 30-day period, a person who acts under
Subsection (a)(2) may stay enforcement of the penalty by:
(1)AAforwarding the penalty to the board for placement
in an escrow account;
(2)AAgiving to the board a supersedeas bond in a form
approved by the board that:
(A)AAis for the amount of the penalty;
and
(B)AAis effective until judicial review of the
36