OPTIONS AFTER DECISION: PAY OR APPEAL

(a) If an administrative penalty is assessed after a hearing conducted under Section 651.506, not later than the 30th day after the date the order is sent or a motion for rehearing is denied, the person charged shall: (1) pay the penalty; or (2) without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both. (b) Not later than the 30-day period, a person who acts under Subsection (a)(2) must, if the penalty that the person wishes to contest is greater than $5,000: (1) post a supersedeas bond in a form approved by the commission for the amount of the penalty; or (2) if the person cannot afford to pay the penalty or file the bond, file an affidavit in the manner required by the Texas Rules of Civil Procedure for a person who cannot afford to file security for costs. (c) The commission may file a contest, as provided by the Texas Rules of Civil Procedure, to an affidavit filed under Subsection (b)(2).