22 Tex. Admin. Code § 139.35 - Sanctions and Penalties - Engineering
(a) The board, the executive director, an
administrative law judge, and the participants in an informal settlement
conference may arrive at a greater or lesser sanction than suggested in these
rules. The minimum administrative penalty shall be $100 per violation. Pursuant
to §1001.502(a) of the Act, the maximum administrative penalty shall be
$5,000.00 per violation of Chapter 1001 or a rule adopted or order issued under
that chapter. Each day a violation continues or occurs is considered a separate
violation for the purpose of assessing an administrative penalty. Allegations
and disciplinary actions will be set forth in the final board order, and the
severity of the disciplinary action will be based on the following factors:
(1) the seriousness of the violation,
including the nature, circumstances, extent, and gravity of the prohibited act
and the hazard or potential hazard created to the health, safety, or economic
welfare of the public;
(2) the
history of prior violations of the respondent;
(3) the severity of penalty necessary to
deter future violations;
(4)
efforts or resistance to efforts to correct the violations;
(5) the economic harm to property or the
environment caused by the violation; and
(6) any other matters impacting justice and
public welfare, including any economic benefit gained through the
violations.
(b) The
following is a table of suggested sanctions the board may impose against
license holders for specific violations of the Act or board rules. NOTE: In
consideration of subsection (a)(1) - (6) of this section, the sanction issued
may be less than or greater than the suggested sanctions shown in the following
table. Also, for those suggested sanctions that list "suspension", all or any
portion of the sanction could be probated, depending on the severity of each
violation and the specific case evidence.
(c) The
following is a table of suggested sanctions that may be imposed against a
person or business entity for specific violations of the Act
or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this
section, the sanction issued could be less than or greater than the suggested
sanctions shown in the following table.
(d) The
following is a table of suggested sanctions that may be imposed against a
person or business entity for violations of the Act or board rules involving
firm registration. NOTE: In consideration of subsection (a)(1) - (6) of this
section, the sanction issued could be less than or greater than the suggested
sanctions shown in the following table.
(e) The
following is a table of suggested sanctions that may be imposed against a
governmental entity and/or its representative for violations of the Act or
board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section,
the sanction issued could be less than or greater than the suggested sanctions
shown in the following table. Injunctive action could also result from a second
or later occurrence of these violations.
Notes
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