(a) An administrative law judge shall order a hearing and the department shall give notice of the hearing if a person charged with a violation under § 247.0451 timely requests a hearing.
(b) The hearing shall be held before an administrative law judge.

(c) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for decision regarding the occurrence of a violation of this chapter or a rule, standard, or order adopted under this chapter or a term of a license issued under this chapter and a recommendation regarding the amount of the proposed penalty if a penalty is warranted.
(d) Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, the department by order may:
(1) find that a violation has occurred and assess an administrative penalty; or
(2) find that a violation has not occurred.
(e) If the department finds that a violation has not occurred, the department shall order that all records reflecting that the department found a violation had occurred and attempted to impose an administrative penalty shall be expunged except:
(1) records obtained by the department during its investigation; and
(2) the administrative law judge’s findings of fact.
(f) Proceedings under this section are subject to Chapter 2001, Government Code.