(a) The commissioner ex parte may issue an emergency cease and desist order if:
(1) the commissioner believes a person regulated by the division under this title is engaging in conduct violating a law, rule, or order; and
(2) the commissioner believes that the alleged conduct under Subdivision (1) will result in harm to the health, safety, or welfare of another person.
(b) On issuance of an order under Subsection (a), the commissioner shall serve on the affected person an order that contains a statement of the charges and requires the person immediately to cease and desist from the acts, methods, or practices stated in the order. The commissioner shall serve the order by registered or certified mail, return receipt requested, to the affected person’s last known address. The order is final on the 31st day after the date the affected person receives the order, unless the affected person requests a hearing under Subsection (c).
(c) A person affected by an order is entitled to request a hearing to contest the order. The affected person must request the hearing not later than the 30th day after the date the person receives the order required by Subsection (b). A request to contest an order must:
(1) be in writing;
(2) be directed to the commissioner; and
(3) state the grounds for the request to set aside or modify the order.
(d) On receiving a request for a hearing, the commissioner shall serve notice of the time and place of the hearing. The hearing is subject to the procedures for a contested case under Chapter 2001, Government Code. The hearing shall be held not later than the 10th day after the date the commissioner receives the request for a hearing unless the parties mutually agree to a later hearing date. At the hearing, the person requesting the hearing is entitled to show cause why the order should not be affirmed. Following receipt of the proposal for decision from the State Office of Administrative Hearings regarding the hearing, the commissioner shall wholly or partly affirm, modify, or set aside the order.
(e) Pending a hearing under this section, an order continues in effect unless the order is stayed by the commissioner.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), § 32, eff. September 1, 2011.