reglab/housing_qa huggingface dataset:
TX Occ Code § 351.507 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.507. Informal Proceedings; Informal Settlement Conference and Refunds

Sec. 351.507.  INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT CONFERENCE AND REFUNDS.  (a)  The board by rule shall adopt procedures governing:(1)  informal disposition of a contested case under Section 2001.056, Government Code; and(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.(b)  The board by rule shall establish procedures by which a panel of board members may conduct an informal settlement conference to resolve a complaint against a person licensed under this chapter.(c)  Procedures established under Subsection (b) must:(1)  require that at least one board member who represents the public be included in the panel conducting the conference;(2)  require that the two board members who reviewed and investigated a complaint under Section 351.2036(c) be included in the panel conducting the conference;(3)  require the panel conducting the conference to use the standardized penalty schedule adopted by the board under Section 351.552(c) to determine the appropriate disciplinary action, if any, to recommend to the board;(4)  require a complaint settlement recommended by the panel to be approved by the board; and(5)  require the panel conducting the conference to:(A)  recommend settlement of the complaint to the board; or(B)  refer the complaint to the State Office of Administrative Hearings for a formal hearing and notify the board of the referral.(d)  The board may order a person licensed under this chapter to issue a refund to a patient as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty against the person under Subchapter L.  The amount of a refund ordered under this subsection may not exceed the amount the patient paid to the license holder for an examination.  The board may not require payment of other damages or estimate harm in a restitution order.(e)  Rules adopted under this section must:(1)  provide the complainant and the license holder with an opportunity to be heard; and(2)  require the presence of the attorney general to advise the board or the board's employees.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.020, eff. September 1, 2005.|
TX Occ Code § 351.508 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.508. Recusal Required

Sec. 351.508.  RECUSAL REQUIRED.  A member of the board who reviews and investigates a complaint under Section 351.2036(c) or participates in an informal settlement conference under Section 351.507 may not vote on any disciplinary action following the informal settlement conference concerning the complaint and shall recuse himself or herself from voting on any disciplinary action following the informal settlement conference concerning the complaint.|Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.021, eff. September 1, 2005.|
TX Occ Code § 351.509 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.509. Remedial Plan

Sec. 351.509.  REMEDIAL PLAN. (a) The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter.(b)  A remedial plan may not contain a provision that:(1)  revokes, suspends, limits, or restricts a person's license or other authorization to practice optometry or therapeutic optometry; or(2)  assesses an administrative penalty against a person.(c)  A remedial plan may not be imposed to resolve a complaint:(1)  concerning:(A)  a death;(B)  a hospitalization; or(C)  the commission of a felony; or(2)  in which the appropriate resolution may involve a restriction on the manner in which a license holder practices optometry or therapeutic optometry.(d)  The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding 24 months for the resolution of a different complaint filed under this chapter.(e)  If a license holder complies with and successfully completes the terms of a remedial plan, the board shall remove all records of the remedial plan from the board's records on the second anniversary of the date the license holder successfully completes the remedial plan.(f)  The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.(g)  The board shall adopt rules necessary to implement this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1022 (H.B. 2627), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 351.551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.551. Imposition of Penalty

Sec. 351.551.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.552 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.552. Amount of Penalty

Sec. 351.552.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $2,500 for each violation.  Each day a violation continues or occurs is a separate violation.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts to correct the violation;  and(6)  any other matter that justice may require.(c)  The board by rule shall develop and publish a standardized penalty schedule based on the criteria listed in Subsection (b).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.022, eff. September 1, 2005.|
TX Occ Code § 351.553 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.553. Report and Notice of Violation and Penalty

Sec. 351.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the executive director or a subcommittee of the board appointed for that purpose determines that a violation has occurred, the executive director or subcommittee may issue a report to the board stating:(1)  the facts on which the determination is based;  and(2)  the recommendation of the executive director or subcommittee on the imposition of the administrative penalty, including a recommendation on the amount of the penalty.(b)  A subcommittee of the board appointed under Subsection (a) must include at least one public member of the board.(c)  Not later than the 14th day after the date the report is issued, the executive director or subcommittee shall give written notice of the report to the person.  The notice may be given by certified mail.(d)  The notice issued under this section must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the recommended penalty;  and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.554 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.554. Penalty to Be Paid or Hearing Requested

Sec. 351.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 351.553, the person in writing may:(1)  accept the determination and recommended administrative penalty of the executive director or subcommittee;  or(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the determination and recommended penalty of the executive director or subcommittee, the board by order shall approve the determination and impose the recommended penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.555 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.555. Hearing on Recommendations

Sec. 351.555.  HEARING ON RECOMMENDATIONS.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give notice of the hearing to the person.(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.  The administrative law judge shall:(1)  make findings of fact and conclusions of law;  and(2)  promptly issue to the board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.556 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.556. Decision by Board

Sec. 351.556.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that:(1)  a violation occurred and impose an administrative penalty;  or(2)  a violation did not occur.(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.557 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.557. Options Following Decision: Pay or Appeal

Sec. 351.557.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:(1)  pay the administrative penalty;(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account;  or(B)  giving to the court a supersedeas bond that is approved by the court and that:(i)  is for the amount of the penalty;  and(ii)  is effective until judicial review of the board's order is final;  or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and(B)  giving a copy of the affidavit to the executive director by certified mail.(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.558 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.558. Collection of Penalty

Sec. 351.558.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.559 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.559. Determination by Court

Sec. 351.559.  DETERMINATION BY COURT.  (a)  If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.560 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.560. Remittance of Penalty and Interest

Sec. 351.560.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.561 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter L. Administrative Penalty|Section 351.561. Administrative Procedure

Sec. 351.561.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.601 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.601. Monitoring License Holder

Sec. 351.601.  MONITORING LICENSE HOLDER.  The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.  Rules adopted under this section must include procedures to:(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and(2)  identify and monitor each license holder who represents a risk to the public.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.602 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.602. Injunction; Damages

Sec. 351.602.  INJUNCTION;  DAMAGES.  (a)  The board may sue in the board's own name to enjoin a violation of this chapter.  This remedy is in addition to any other action authorized by law.(b)  A person injured by another person who violates Section 351.251, 351.409, or 351.607 may institute an action in district court in Travis County or in the county in which the violation is alleged to have occurred for injunctive relief or damages plus court costs and reasonable attorney's fees.(c)  A person may institute an action in a district court in the county in which the violation is alleged to have occurred for injunctive relief or damages plus court costs and reasonable attorney's fees if the person is injured by another person who violates:(1)  Section 351.403;  or(2)  Section 351.408.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.603 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.603. Enforcement by Attorney General or Board; Civil Penalty

Sec. 351.603.  ENFORCEMENT BY ATTORNEY GENERAL OR BOARD;  CIVIL PENALTY.  (a)  The attorney general or board may institute an action in a district court in the county in which a violation of Section 351.251, 351.403, 351.409, or 351.607 is alleged to have occurred for injunctive relief and a civil penalty not to exceed $10,000 for each violation plus court costs and reasonable attorney's fees.(b)  The attorney general or board may institute an action against a manufacturer, wholesaler, or retailer of ophthalmic goods in a district court in the county in which a violation of Section 351.408 is alleged to have occurred for injunctive relief and a civil penalty not to exceed $1,000 for each day of a violation plus court costs and reasonable attorney's fees.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.604 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.604. Deceptive Trade Practices

Sec. 351.604.  DECEPTIVE TRADE PRACTICES.  A violation of any of the following sections is actionable under Subchapter E, Chapter 17, Business & Commerce Code:(1)  Section 351.251;(2)  Section 351.403;(3)  Section 351.408;(4)  Section 351.409;  or(5)  Section 351.607.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.605 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.605. Lessee Entitled to Remedies

Sec. 351.605.  LESSEE ENTITLED TO REMEDIES.  A person injured as a result of a violation of Section 351.408, including an optometrist who is a lessee of a manufacturer, wholesaler, or retailer, is entitled to the remedies in Sections 351.602(c)(2), 351.603(b), and 351.604(3).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.606 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.606. General Criminal Penalty

Sec. 351.606.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.(b)  An offense under Subsection (a) is a misdemeanor punishable by:(1)  a fine of not less than $100 or more than $1,000;(2)  confinement in county jail for a term of not less than two months or more than six months;  or(3)  both the fine and confinement.(c)  A separate offense is committed each day a violation of this chapter occurs or continues.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.607 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.607. Dispensing Contact Lenses; Penalty

Sec. 351.607.  DISPENSING CONTACT LENSES;  PENALTY.  (a)  A person commits an offense if the person dispenses a contact lens by mail or otherwise to a patient in this state without having a valid prescription signed by an optometrist, therapeutic optometrist, or licensed physician.(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of $1,000 for each lens dispensed.  The fine is in addition to any other penalty imposed under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.608 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter M. Other Penalties and Enforcement Provisions|Section 351.608. Cease and Desist Order

Sec. 351.608.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is engaging in an act or practice that constitutes the practice of optometry or therapeutic optometry without a license or certificate under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.(b)  Notwithstanding Section 351.551, the board may impose an administrative penalty under Subchapter L against a person who violates an order issued under this section.|Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.023, eff. September 1, 2005.|
TX Occ Code § 353.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 353 - Contact Lens Prescription Act|Subchapter A. General Provisions|Section 353.001. Short Title

Sec. 353.001.  SHORT TITLE.  This chapter may be cited as the Contact Lens Prescription Act.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|