(a) The department may issue a cease-and-desist order to a respondent:
  (1) who engages or represents itself to be engaged in a motor carrier operation that is in violation of this chapter;
  (2) to prevent a violation of Chapter 218 of this title (relating to Motor Carriers); or
  (3) to protect public health and safety.
(b) The order shall:
  (1) be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's or entity's last known address;
  (2) include:
    (A) a summary of the factual allegations;
    (B) a description of the statutory provision, rule or order the person is alleged to have violated;
    (C) a description in reasonable detail of the act or acts to be restrained by the cease-and-desist; and
  (3) state the effective date of the order.
(c) The department's cease and desist order is final, unless within ten days of the service of the order, the respondent files with the department a written request for hearing.
(d) If a request for hearing is filed, the department shall initiate a contested case with SOAH in accordance with Chapter 224, Subchapter E of this title (relating to Contested Cases Referred to SOAH).
(e) The cease-and-desist order shall remain in effect until the respondent comes into complete compliance with department directives and decisions, or unless otherwise provided by an order issued after final review by the department.
(f) If a respondent violates a cease-and-desist order, the department may:
  (1) impose an administrative penalty against the respondent; or
  (2) refer the matter to the appropriate authority to institute actions for:
    (A) an injunction against violation of the cease-and-desist order;
    (B) collection of any administrative penalty assessed by the department; or
    (C) any other remedy provided by law.
(g) Nothing in this section precludes the department from imposing other administrative sanctions against the respondent while a cease-and-desist order is in effect.

Source Note: The provisions of this §224.114 adopted to be effective June 1, 2024, 49 TexReg 2771