Texas Utilities Code

§ 15.024 — ADMINISTRATIVE PENALTY ASSESSMENT OR DISGORGEMENT ORDER PROCEDURE

UT § 15.024Title 2. PUBLIC UTILITY REGULATORY ACT · Part A. PROVISIONS APPLICABLE TO ALL UTILITIES · Ch. 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES · Art. B. ENFORCEMENT AND PENALTIES

Statute text

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(a)If the executive director determines that a violation has occurred, the executive director may issue to the commission a report that states the facts on which the determination is based and the executive director'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 executive director shall give written notice of the report to the person against whom the penalty may be assessed. The notice may be given by regular or certified mail. The notice must:

(1)include a brief summary of the alleged violation;

(2)state the amount of the recommended penalty; and

(3)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. (b-1) If the commission sends written notice to a person by mail addressed to the person's mailing address as maintained in the commission's records, the person is deemed to have received notice:

(1)on the fifth day after the date that the commission sent the written notice, for notice sent by regular mail; or

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 25.001, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 996 (H.B. 2133), Sec. 3, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 996 (H.B. 2133), Sec. 4, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 81 (S.B. 1358), Sec. 1, eff. September 1, 2019.