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A license holder is found to have committed a violation of TRELA. TREC decides to impose an administrative penalty. The license holder disagrees with the penalty and wants to contest it. Under Texas law, what administrative process must be followed for the contested case?

Correct Answer

A) The contested case is referred to the State Office of Administrative Hearings (SOAH), where an ALJ conducts the hearing and makes a proposal for decision that TREC then considers

Under the Texas Administrative Procedure Act (Government Code Chapter 2001) and TREC's enabling statute, contested cases involving license holders are referred to the State Office of Administrative Hearings (SOAH). An administrative law judge (ALJ) at SOAH conducts the hearing and issues a proposal for decision. TREC then considers the ALJ's proposal and makes the final order.

Answer Options
A
The contested case is referred to the State Office of Administrative Hearings (SOAH), where an ALJ conducts the hearing and makes a proposal for decision that TREC then considers
B
TREC convenes an internal panel of three commissioners to hear the case in a closed session and issues a binding decision
C
The license holder must appeal directly to the Travis County district court within 30 days of the penalty notice
D
The license holder must request a hearing before the full 9-member commission within 20 days, and the commission's vote is the final agency action

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Related Topics & Key Terms

Key Terms:

soahcontested_caseadministrative_hearingdue_processchapter_1101
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