Texas Occupations Code 1051.457 – Options Following Board Order: Pay or Appeal
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(a) If the person on whom an administrative penalty is imposed holds a certificate of registration issued by the board, the board’s order becomes final as provided by Section 2001.144, Government Code. If the person does not hold a certificate of registration issued by the board, the board’s order becomes final on the 20th day after the date the order is issued.
(b) Not later than the 30th day after the date the board’s order becomes final, the person shall:
(1) pay the administrative penalty in full; or
(2) file a petition for judicial review contesting the occurrence of the ground for imposing a penalty, the amount of the penalty, or both.
Terms Used In Texas Occupations Code 1051.457
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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
(c) Within the period prescribed by Subsection (b), a person who acts under Subsection (b)(2) shall:
(1) pay the penalty to the board for placement in an escrow account;
(2) post with the board a supersedeas bond that is in a form approved by the board for the amount of the penalty and that is effective until judicial review of the board’s order is final; or
(3) file with the board an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to post the bond.