SECTION 190.16. Administrative Penalties

(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation, including;

(A) whether it is an administrative violation, an aggravated administrative violation, or a patient care violation;

(B) the nature, circumstances, extent, and gravity of any prohibited act; and

(C) the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the economic harm to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation; and

(5) efforts to correct the violation.

Source Note: The provisions of this §190.16 adopted to be effective September 12, 2004, 29 TexReg 8512; amended to be effective January 25, 2006, 31 TexReg 396