(a) In cases brought before SOAH, in the event the respondent is adjudicated as being in violation of the Act or this chapter after a trial on the merits, the department has authority to assess the actual costs of the administrative hearing in addition to the penalty imposed. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, transcription expenses, or any other costs that are necessary for the preparation of the department's case.
(b) The costs of transcriptions and preparation of the record for appeal shall be paid by the respondent.

Source Note: The provisions of this §12.25 adopted to be effective January 10, 2016, 41 TexReg 493