Texas Labor Code 61.066 – Commission Action; Enforcement of Order
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(a) The commission, in the name of the state and the attorney general, may:
(1) bring a suit in a district court in Travis County to enforce a final order from which an appeal under this chapter has not been taken; or
(2) serve on the defaulting party a notice of assessment stating the amount due.
(b) A notice of assessment served under this section is prima facie evidence of the contents of the notice. However, the defaulting party may show the incorrectness of the notice of assessment.
Terms Used In Texas Labor Code 61.066
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Service of process: The service of writs or summonses to the appropriate party.
(c) The notice shall be served in the manner provided by law for service of process on a defendant in a civil action in district court.
(d) A person aggrieved by the determination of the commission as stated in the notice of assessment may seek judicial review of the assessment by filing a petition for judicial review in a Travis County district court not later than the 30th day after the date on which the notice of assessment is served. A copy of the petition shall be served in the manner prescribed by law for service of process on a defendant in a civil action in district court on:
(1) a member of the commission; or
(2) a person designated by the commission for service of process.
(e) If the party on whom a notice of assessment is served does not seek judicial review as provided by this section, the assessment is final for all purposes. An assessment that is not contested or that is upheld after judicial review shall be recorded, enforced, renewed, and otherwise treated as the final judgment of a district court.
(f) Unless the adverse party prevails in the civil action or the notice of assessment is reversed by a reviewing court, the adverse party shall pay all costs of either action, including attorney’s fees, investigation costs, service costs, court costs, and other applicable costs.