(a) If the department determines that a violation has occurred, the department may issue to the commissioner a report that states the facts on which the determination is based and the department’s recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.
(b) Not later than the 14th day after the date the report is issued, the department shall give written notice of the report to the affected person. The notice may be given by certified mail. The notice must:
(1) include:
(A) a brief summary of the alleged violation; and
(B) a statement of the amount of the recommended penalty; and
(2) inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.