Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the commission under this chapter. Each day a violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty under Section 391.035.
(c) A proceeding under this section is a contested case under Chapter 2001, Government Code.
(d) Judicial review of an appeal of an administrative penalty imposed under this section is under the substantial evidence rule.
(e) An administrative penalty collected under this section shall be deposited to the credit of the state highway fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 41, eff. September 1, 2011.
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