reglab/housing_qa huggingface dataset:
TX Occ Code § 51.207 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.207. Use of Technology

Sec. 51.207.  USE OF TECHNOLOGY.  (a)  The commission shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve the department's ability to perform its functions.  The technological solutions must:(1)  ensure that the public is able to easily find information about the department on the Internet;(2)  ensure that persons who want to use the department's services are able to:(A)  interact with the department through the Internet; and(B)  access any service that can be provided effectively through the Internet; and(3)  be cost-effective and developed through the department's planning processes.(b)  The department shall provide on its Internet website a link to an Internet website that allows the public to track legislation affecting the programs administered by the department, which may be a website that provides legislative information administered by the Texas Legislature.(c)  The department may satisfy any requirement under this chapter or another law governing a program subject to regulation by the department to provide notice by delivering the notice by e-mail to the recipient's last known e-mail address if the recipient has previously authorized the department to deliver the notice by e-mail.  An e-mail address used under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.015, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 452 (S.B. 845), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 51.208 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.208. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 51.208.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules;  and(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c)  The commission shall designate a trained person to:(1)  coordinate the implementation of the policy adopted under Subsection (a);(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution;  and(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.015, eff. Sept. 1, 2003.|
TX Occ Code § 51.209 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.209. Advisory Boards; Removal of Advisory Board Member

Sec. 51.209.  ADVISORY BOARDS; REMOVAL OF ADVISORY BOARD MEMBER.  (a)  This section applies to any advisory board appointed to advise the commission or department regarding a program subject to regulation by the department.(a-1)  An advisory board shall meet at the call of the executive director or the presiding officer of the commission.(a-2)  An advisory board may meet by telephone conference call, videoconference, or other similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public.  If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved.  If the problem is not resolved in six hours or less, the meeting must be adjourned.  The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public.  A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Sections 551.127(a-3), (b), (c), (e), (f), (h), (i), and (j), Government Code.(b)  An advisory board member who was appointed by the presiding officer of the commission with the commission's approval may be removed from the advisory board by the presiding officer with the commission's approval on any of the following grounds:(1)  the member does not have at the time of becoming a member of the advisory board the qualifications required by the law or rule authorizing appointment of the member;(2)  the member does not maintain during service on the advisory board the qualifications required by the law or rule authorizing appointment of the member;(3)  the member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;(4)  the member is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board; or(5)  the member is unfit to continue serving on the advisory board.(c)  The validity of an action of an advisory board is not affected by the fact that it is taken when a ground for removal of a member exists.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 2, eff. September 1, 2009.Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.04, eff. September 1, 2021.|
TX Occ Code § 51.2095 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.2095. Interdisciplinary Advisory Boards

Sec. 51.2095.  INTERDISCIPLINARY ADVISORY BOARDS.  The executive director or the presiding officer of the commission may appoint interdisciplinary advisory boards consisting of members from various businesses, industries, general trades, or occupations to provide expertise related to a program regulated by the department.|Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.05, eff. September 1, 2021.|
TX Occ Code § 51.210 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.210. Method of Making Payments

Sec. 51.210.  METHOD OF MAKING PAYMENTS.  (a)  The commission may authorize payment of regulatory fees, fines, penalties, and charges for goods and services through:(1)  an electronic payment method; or(2)  a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the commission.(b)  A payment by a method under this section may be made in person, by telephone, or through the Internet.(c)  The commission may require a person who makes a payment to the department through an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the commission for the costs involved in processing the payment.(d)  The commission may adopt rules as necessary to implement this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 51.211 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.211. Risk-Based Inspections

Sec. 51.211.  RISK-BASED INSPECTIONS. (a) The department shall conduct risk-based inspections that prioritize inspections based on key risk factors identified by the department, including:(1)  whether a license holder has previously violated a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director; and(2)  the number of violations committed by a license holder.(b)  The department may use alternative inspection methods, including the use of videoconference technology or other methods instead of conducting an in-person inspection, in circumstances the department considers appropriate.|Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.05, eff. September 1, 2021.|
TX Occ Code § 51.251 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter E. Public Interest Information and Complaint Procedures|Section 51.251. Public Interest Information

Sec. 51.251.  PUBLIC INTEREST INFORMATION.  (a)  The department shall prepare information of public interest describing the functions of the commission and department and the procedures by which complaints are filed with and resolved by the commission or executive director.(b)  The department shall make the information available to the public and appropriate state agencies.(c)  The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 24, eff. June 14, 2001.Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.06, eff. September 1, 2021.|
TX Occ Code § 51.2521 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter E. Public Interest Information and Complaint Procedures|Section 51.2521. Complaint Investigation

Sec. 51.2521.  COMPLAINT INVESTIGATION.  (a)  The department shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint.(b)  If the department determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the department shall dismiss the complaint.|Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.08, eff. September 1, 2021.|
TX Occ Code § 51.253 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter E. Public Interest Information and Complaint Procedures|Section 51.253. Public Participation

Sec. 51.253.  PUBLIC PARTICIPATION.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 51.255 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter E. Public Interest Information and Complaint Procedures|Section 51.255. Statistical Analysis of Complaints

Sec. 51.255.  STATISTICAL ANALYSIS OF COMPLAINTS.  (a) The department shall make available on the department's Internet website a statistical analysis of the complaints received by the department.(b)  The analysis under this section must include aggregate information on the number, source, type, and disposition of complaints received during the preceding state fiscal year and must include, as applicable, the following information for each program regulated by the department:(1)  the number of license holders;(2)  the number of complaints received against license holders;(3)  the number of complaints resolved and the manner in which they were resolved, including:(A)  the number of complaints dismissed and the reasons for dismissal;(B)  the number of contested cases referred to and heard by the State Office of Administrative Hearings;(C)  the number of cases appealed to a district court;(D)  the number of complaints resulting in disciplinary action, the disciplinary action taken, and whether the disciplinary action was imposed by an agreed settlement or default order issued by the executive director or a final order issued by the commission;(E)  a breakdown of the nature of the alleged violations in:(i)  complaints opened for investigation; and(ii)  cases that resulted in disciplinary action; and(F)  the number of complaints resolved, categorized by whether the complaint originated from department staff or from the public;(4)  the average time required to resolve a complaint;(5)  the average amount of administrative penalties assessed; and(6)  the number and amount of refunds ordered by the commission or executive director or obtained through an informal resolution.|Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.08, eff. September 1, 2021.|
TX Occ Code § 51.301 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.301. Imposition of Penalty

Sec. 51.301.  IMPOSITION OF PENALTY.  The executive director or commission may impose an administrative penalty against a person who violates:(1)  a law establishing a regulatory program administered by the department;  or(2)  a rule adopted or order issued by the executive director or commission.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 26, eff. June 14, 2001.|
TX Occ Code § 51.302 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.302. Amount of Penalty

Sec. 51.302.  AMOUNT OF PENALTY.  (a)  If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation;(2)  the respondent's history of previous violations;(3)  the amount necessary to deter a future violation;(4)  efforts made by the respondent to correct the violation;  and(5)  any other matter that justice may require.(c)  The commission shall by rule or by procedure published in the Texas Register establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 27, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.017, eff. Sept. 1, 2003.|
TX Occ Code § 51.3025 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.3025. Imposition of Sanction

Sec. 51.3025.  IMPOSITION OF SANCTION.  A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction.  If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.|Added by Acts 2001, 77th Leg., ch. 836, Sec. 28, eff. June 14, 2001.|
TX Occ Code § 51.303 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.303. Notice of Violation and Penalty

Sec. 51.303.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating:(1)  a brief summary of the alleged violation;(2)  the amount of the recommended administrative penalty;  and(3)  that the respondent has the right to a hearing to contest the alleged violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 29, eff. June 14, 2001.|
TX Occ Code § 51.304 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.304. Penalty to Be Paid or Hearing Requested

Sec. 51.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the respondent receives the notice, the respondent may:(1)  accept the department's determination and recommended administrative penalty;  or(2)  make a written request for a hearing on that determination.(b)  If the respondent accepts the department's determination, the executive director by order shall approve the determination and require the person to pay the recommended penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 30, eff. June 14, 2001.|
TX Occ Code § 51.305 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.305. Hearing on Recommendations

Sec. 51.305.  HEARING ON RECOMMENDATIONS.  (a)  If the respondent requests a hearing, the hearing shall be conducted by the State Office of Administrative Hearings.(b)  The State Office of Administrative Hearings shall consider the department's applicable substantive rules and policies when conducting a hearing under this subchapter.(c)  An administrative law judge at the State Office of Administrative Hearings shall:(1)  make findings of fact and conclusions of law;  and(2)  promptly issue to the commission 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.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 31, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 1215, Sec. 11, eff. Sept. 1, 2003.|
TX Occ Code § 51.306 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.306. Decision by Commission

Sec. 51.306.  DECISION BY COMMISSION.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that:(1)  a violation occurred and impose an administrative penalty;  or(2)  a violation did not occur.(b)  The department shall give notice of the order to the respondent.(c)  The order under this section must include:(1)  separate statements of the findings of fact and conclusions of law;(2)  the amount of any penalty imposed;(3)  a statement of the right of the respondent to judicial review of the order;  and(4)  any other information required by law.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 32, eff. June 14, 2001.|
TX Occ Code § 51.307 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.307. Options Following Decision: Pay or Appeal

Sec. 51.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the commission's order becomes final, the respondent shall:(1)  pay the penalty;  or(2)  file a petition for judicial review contesting the order and:(A)  forward the penalty to the department for deposit in an escrow account;  or(B)  give the department a supersedeas bond in a form approved by the executive director that:(i)  is for the amount of the penalty;  and(ii)  is effective until judicial review of the decision is final.(b)  A respondent who is financially unable to comply with Subsection (a)(2) is entitled to judicial review if the respondent files with the court, as part of the respondent's petition for judicial review, a sworn statement that the respondent is unable to meet the requirements of that subsection.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 33, eff. June 14, 2001.|
TX Occ Code § 51.308 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.308. Collection of Penalty

Sec. 51.308.  COLLECTION OF PENALTY.  If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect the penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 51.309 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.309. Remittance of Penalty and Interest

Sec. 51.309.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not imposed, the executive director shall:(1)  remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty;  or(2)  execute a release of the bond, if the person posted a supersedeas bond.(b)  The interest paid under Subsection (a)(1) is accrued at 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 to the department and ending on the date the penalty is remitted.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 34, eff. June 14, 2001.|