How will the violation affect my compliance history?

A plea of "does not contest" or the issuance of a Default Order will result in a finding that the alleged violation occurred. The finding will also establish the existence of a prior violation. If you have a prior violation, any subsequent assessed penalty may be increased. If your compliance history shows frequent, repetitive, or habitual violations, additional legal action to suspend or revoke your license may be commenced at a later date as a separate case.

How long do I have to pay the penalty?

You have twenty (20) days from the Notice of Violation issue date to respond by paying the penalty or requesting a hearing. 

If you fail to respond to the Notice of Violation within twenty (20) days after its issue date, you will lose your right to a hearing and a default order will be issued. The default order will contain a determination that the violation occurred and will order that the penalty specified in the notice be paid. The penalty amount must then be paid within thirty (30) days after the date the order is issued. If you possess a license issued by the Texas Department of Agriculture, your license will be suspended or revoked if you fail to pay the ordered penalty within the thirty (30) day time period allowed. For both licensees and non-licensees, if payment is not received the matter will be referred to the Office of the Attorney General for collection of the penalty amount due. In addition to the penalty amount due, collection proceedings may result in court costs and attorney fees being assessed against you.

May I pay the penalty with a credit card?

CREDIT CARD PAYMENTS CAN ONLY BE MADE for registration violations involving weighing or measuring devices (scales or bulk or liquefied petroleum gas metering devices). In addition, the violation number must be in the following format: Violation #02310-000XXXXX-XXXXX.

If you meet this criteria click on the "Pay a penalty online" link in the "I Need To" section above and you will be directed to the Texas Department of Agriculture online payment site.

The inspector collected fees from me during the inspection. Why am I getting a Notice of Violation with an assessed penalty?

Texas Department of Agriculture inspectors may collect licensing fees during an inspection. The licensing fees are separate from any penalties arising from violations of laws and regulations under the Texas Department of Agriculture's jurisdiction. Any licensing fees paid during an inspection do not apply to any penalty assessed in a Notice of Violation.

May I pay my penalty through a payment plan?

The Texas Department of Agriculture does not offer payment plans at this time.

Where and/or when will my hearing take place?

Hearings for contested citations are held in Austin, Texas, before an administrative law judge assigned by the State Office of Administrative Hearings, an independent state agency. The Texas Department of Agriculture will provide you with written notice of the scheduled date, time, and place for your hearing at least 10 days in advance of the hearing date. 

Where do I send the penalty payment and/or what do I need to include with the payment?

Mail your penalty payment to: Texas Department of Agriculture, Enforcement Division, Attention: (INCLUDE YOUR CASE OR INCIDENT NO. HERE), PO Box 12847, Austin, Texas 78711.

Make your check or money order payable to the Texas Department of Agriculture and write your Case or Incident No. on its face. You may pay multiple citations or violations with a single payment.

If your violation involves scales or bulk or liquefied petroleum gas metering devices you must enter a plea, sign, and return each citation being paid. For all other violations you must sign and return the enclosed Stipulation and Waiver of Hearing.