Sec. 541.107. DETERMINATION OF VIOLATION. After a hearing under this subchapter, the department shall determine whether: (1) the method of competition or the act or practice considered in the hearing is defined as: (A) an unfair method of competition or deceptive act or practice under Subchapter B or a rule adopted under this chapter; or (B) a false, misleading, or deceptive act or practice under Section 17.46 , Business & Commerce Code; and (2) the person against whom the charges were made engaged in the method of competition or act or practice in violation of: (A) this chapter or a rule adopted under this chapter; or (B) Subchapter E , Chapter 17 , Business & Commerce Code, as specified in Section 17.46 , Business & Commerce Code.
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