37 Tex. Admin. Code § 401.105 - Administrative Penalties
(a) Following the
hearing the administrative law judge shall issue a proposal for decision
containing findings of facts and conclusions of law. While the administrative
law judge may recommend a sanction, findings of fact and conclusions of law are
inappropriate for sanction recommendations, and sanction recommendations in the
form of findings of fact and conclusions of law are an improper application of
applicable law and these rules. In all cases, the commission or Agency Chief
has the discretion to impose the sanction that best accomplishes the
commission's legislatively-assigned enforcement goals. The commission or Agency
Chief is the ultimate arbiter of the proper penalty.
(b) The commission, acting through the Agency
Chief may, after notice and hearing required by Government Code, Chapter 2001,
Administrative Procedure Act, impose an order requiring payment of an
administrative penalty or monetary forfeiture in an amount not to exceed $1,000
for each violation of Government Code, Chapter 419, or rule promulgated there
under, as provided by Government Code, §
419.906.
(c) In determining the amount of the
administrative penalty or monetary forfeiture the commission or the Agency
Chief shall consider:
(1) the seriousness of
the violation, including but not limited to the nature, circumstances, extent,
and gravity of the prohibited act, and the hazard or potential hazard created
to the health and safety of the public;
(2) the economic damage to property or the
public's interests or confidences caused by the violation;
(3) the history of previous
violations;
(4) any economic
benefit gained through the violation;
(5) the amount necessary to deter future
violations;
(6) the demonstrated
good faith of the person, including efforts taken by the alleged violator to
correct the violation;
(7) the
economic impact of imposition of the penalty or forfeiture on the person;
and
(8) any other matters that
justice may require.
(d)
The commission or Agency Chief retains the right to increase or decrease the
amount of an administrative penalty based on the circumstances in each case. In
particular, the commission or Agency Chief may increase the amount of
administrative penalties when the respondent has committed multiple violations
(e.g. some combination of different violations). Any party aggrieved of a final
decision or order of the Agency Chief in a contested case may appeal to the
commission after the decision or order complained of is final. An appeal to the
commission for review of action of the Agency Chief shall be made within 30
days from the date that the writing evidencing the official action or order
complained of is final and appealable, but for good cause shown, the commission
may allow an appeal after that date. A motion for rehearing is not a
prerequisite for an appeal to the commission.
(e) Oral argument. On the request of any
party, the commission may allow oral argument prior to the final determination
of an appeal of a decision or order of the Agency Chief.
(f) If the Agency Chief's final decision or
order is appealed to the commission, the matter shall be set for the next
available commission meeting.
(g)
Because it is the policy of the commission to pursue expeditious resolution of
complaints when appropriate, administrative penalties in uncontested cases may
be less than the amounts assessed in contested cases. Among other reasons, this
may be because the respondent admits fault, takes steps to rectify matters,
timely responds to commission concerns, or identified mitigating circumstances,
and because settlements avoid additional administrative costs.
(h) The commission or Agency Chief may impose
an administrative penalty alone or in addition to other permitted
sanctions.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.