SECTION 34.10. Sanctions for Regulatory Violations

(a) Regulatory violations of listed statutory and rule provisions will be assessed a base penalty of $250, $500, or $1,000 as shown in Figure §34.10(g). Base penalties may be augmented or discounted based upon the number of violations and other circumstances surrounding the violation, according to the commission Penalty Policy in effect on the date the violation occurred or on the first date the violation occurred, if it is a violation that is ongoing in nature.

(b) The penalty chart in Figure §34.10 is non-exclusive; 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 administrative penalties.

(c) 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 §34.10 may be used as a guideline but adherence is not required.

(d) 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.

(e) The number of days of license or permit suspension offered to the respondent in lieu of the penalty shall be commensurate with the penalty assessed under this section and calculated according to the commission Penalty Policy in effect on the date the violation occurred or on the first date the violation occurred, if it is a violation that is ongoing in nature.

(f) The Penalty Policy shall be publicly available and published on the commission's web site.

(g) The commission shall review the Penalty Policy and update or revise it as necessary at least once every seven (7) years.

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Source Note: The provisions of this §34.10 adopted to be effective June 6, 2022, 47 TexReg 3242