16 Tex. Admin. Code § 34.2 - Schedule of Sanctions and Penalties for Health, Safety and Welfare Violations
(a) An act or
failure to act that results in a violation of the Code or rules that represents
a threat to the public health, safety, or welfare will be assessed sanctions
and penalties according to Figure 16 TAC §
34.2(e) and/or a
license or permit suspension or cancellation. Each sanction in Figure 16 TAC
§
34.2(e) other
than cancellation includes an optional monetary penalty of $300 per day of
suspension.
(b) The list of
violations in Figure 16 TAC §
34.2(e) is
nonexclusive; the absence of a statute or rule from the chart does not limit
the commission's statutory authority to enforce compliance with the Code and
its rules by assessing penalties.
(c) Violations of Code
§§11.61(b)(7), 32.17(a)(8), and 61.71(a)(16), and §
34.3 of this title, which are not
listed in Figure §34.2(e), will be assessed sanctions based upon all
relevant facts and circumstances.
(d) For a contested case brought under
subchapters C and D of the Administrative Procedure Act or an investigation or
violation referred to the legal services division of the commission for
resolution, the sanctions and penalties in Figure §34.2 may be used as a
guideline but adherence is not required.
(e) Nothing in this rule shall be construed
to limit the commission's authority to suspend or cancel a license or permit
under §§11.38, 11.61, 32.17, 61.71, 201.075, or any other provision
of the Code authorizing suspension or cancellation of a license or permit.
Notes
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