(a) Default Orders. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act by default, the board has the authority to assess, in addition to penalty imposed, costs of the administrative hearing.
(b) Trial on the Merits. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act after a trial on the merits, the board has the authority to assess in addition to the penalty imposed, the costs of the administrative hearing.
(c) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.

Source Note: The provisions of this §187.39 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective March 6, 2003, 28 TexReg 1884; amended to be effective November 7, 2004, 29 TexReg 10113