Texas Health and Safety Code 401.385 – Preliminary Report of Violation
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Terms Used In Texas Health and Safety Code 401.385
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary report:
(1) stating the facts that support the conclusion;
(2) recommending that an administrative penalty under § 401.384 be imposed; and
(3) recommending the amount of the penalty, which shall be based on the seriousness of the violation as determined from the facts surrounding the violation.