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.