Sec. 526.0259. DECISION BY COURT. (a) If a hospital paid an administrative penalty imposed under this subchapter and on review a court does not sustain the occurrence of the violation or finds that the amount of the penalty should be reduced, the attorney general shall remit the appropriate amount to the hospital not later than the 30th day after the date the court's judgment becomes final. (b) If the court sustains the occurrence of the violation: (1) the court: (A) shall order the hospital to pay the amount of the administrative penalty; and (B) may award to the attorney general the attorney's fees and court costs the attorney general incurred in defending the action; and (2) the attorney general shall remit the amount of the penalty to the comptroller for deposit in the general revenue fund.
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