30 Tex. Admin. Code § 80.253 - Enforcement Proposal for Decision
(a) In an
enforcement case, a proposal for decision shall also include a proposal for
remedial relief (technical ordering provisions) where appropriate, and one of
the following recommendations:
(1) that a
violation has occurred and that a specific amount of penalties should be
assessed;
(2) that a violation has
occurred but that no penalty should be assessed; or
(3) that no violation has occurred.
(b) When recommending an
administrative penalty, the judge shall analyze each factor prescribed by the
applicable statute to be considered by the commission in determining the amount
of the penalty. The judge shall recommend to the commission an appropriate
penalty amount based upon the evidence presented at the hearing and the factors
given in the applicable statutes.
(c) Weight to be given by the judge to
individual statutory factors for determining penalty amount need not be equal
and may vary depending on the facts of the particular case. The absence of
evidence as to any particular factor does not negate the ability of the judge
to arrive at a finding of an appropriate penalty based upon the totality of the
circumstances, though such lack of evidence may be a factor in determining the
penalty amount.
Notes
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