The board may issue a proposed cease and desist order against a person suspected of unauthorized licensed activity, and the order must be delivered, explain the alleged unauthorized acts, and set an effective date no earlier than 21 days after delivery or mailing.
Sec. 264.0525. CEASE AND DESIST ORDER. (a) The board may serve a proposed cease and desist order on a person the board believes is engaging or is likely to engage in an activity without a license or registration certificate required by this subtitle. The order must: (1) be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's last known address; (2) state the acts or practices alleged to be an unauthorized activity; and (3) state the effective date of the order, which may not be before the 21st day after the date the proposed order is delivered or mailed. (b) Unless the person against whom the proposed order is directed requests a hearing in writing before the effective date of the order, the order takes effect and is final and nonappealable as to that person. (c) A requested hearing on a proposed order shall be held not later than the 30th day after the date the board receives the written request for a hearing unless the parties agree to a later hearing date. A hearing under this subsection is subject to Chapter 2001, Government Code. (d) After the hearing, the board shall issue or decline to issue a cease and desist order. The proposed order may be modified as necessary to conform to the findings at the hearing. An order issued under this subsection: (1) is immediately final for purposes of enforcement and appeal; and (2) must require the person to immediately cease and desist from the unauthorized activity. (e) The board may release to the public a final cease and desist order issued under this section or information relating to the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest. Added by Acts 2003, 78th Leg., ch. 17, Sec. 23, eff. Sept. 1, 2003.