78th Texas Legislature, Regular Session, Senate Bill 263, Chapter 17 Page: 23 of 32
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. 1 the order by personal delivery or registered or certified mail,
2 return receipt requested, to the person's last known address;
3 (2) state the acts or practices alleged to be an
4 unauthorized activity and require the person immediately to cease
5 and desist from the unauthorized activity; and
6 (3) contain a notice that a request for hearing may be
7 filed under this section.
8 (c) Unless the person against whom the emergency order is
9 directed requests a hearing in writing before the 11th day after the
10 date it is served on the person, the emergency order is final and
11 nonappealable as to that person. A request for a hearing must:
12 (1) be in writing and directed to the board; and
13 (2) state the grounds for the request to set aside or
14 modify the order.
15 (d) On receiving a request for a hearing, the board shall
16 serve notice of the time and place of the hearing by personal
17 delivery or registered or certified mail, return receipt requested.
18 -The hearing must be held not later than the 10th day after the date
19 the board receives the request for a hearing unless the parties
20 agree to a later hearing date. A hearing under this subsection is
21 subject to Chapter 2001, Government Code.
22 (e) After the hearing, the board shall affirm, modify, or
23 set aside in whole or in part the emergency cease and desist order.
24 An order affirming or modifying the emergency cease and desist
25 order is immediately final for purposes of enforcement and appeal.
26 (f) An order continues in effect unless the order is stayed
27 by the board. The board may impose any condition before granting a23
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Texas. Legislature. Senate. 78th Texas Legislature, Regular Session, Senate Bill 263, Chapter 17, legislative document, May 9, 2003; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth159366/m1/23/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.