(a) If authorized by statute, the department may submit evidence of costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the department. Costs include all expenses incurred by the department in instituting and prosecuting the contested case. Costs specifically include, but are not limited to, investigative costs, witness fees and deposition expenses, travel expenses of witnesses, fees for professional services or expert witnesses, costs of adjudication before SOAH, and any other costs necessary for the preparation of the department's case including the cost of any transcriptions, or any other costs specifically provided for by statute.
(b) The department may submit evidence of costs, fees, expenses, and reasonable and necessary attorney's fees as part of its case-in-chief, by affidavit, or by motion after the issuance of the judge's proposal for decision. Postponement of the introduction of evidence of costs until after the issuance of a proposal for decision shall not constitute a waiver of the department's right to recover any part of its incurred costs.
(c) Once assessment of costs of the department are approved by order of the director, any payments which do not cover the administrative penalty and assessed costs in full shall be applied to payment of the costs until they are paid in full, then to the outstanding balance of the administrative penalty.

Source Note: The provisions of this §29.29 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641; amended to be effective March 8, 2021, 46 TexReg 1511