SECTION 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.

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Source Note: The provisions of this §34.2 adopted to be effective August 21, 2008, 33 TexReg 6583; amended to be effective October 17, 2019, 44 TexReg 5899; amended to be effective June 6, 2022, 47 TexReg 3242