SECTION 140.427. Administrative Penalties

(a) The provisions of this section shall apply to administrative penalties proposed or assessed against any person for violation of the Act or a rule under this subchapter, notwithstanding the provisions of §442.104 of this title (relating to Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs).

(b) The amount of an administrative penalty shall be based on the following criteria:

(1) the seriousness of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

(4) efforts made to correct the violation; and

(5) any other matter that justice requires.

(c) The seriousness of a violation shall be categorized by one of the following severity levels:

(1) Level I--violations in which harm or other adverse impact to public health, safety, or welfare has actually occurred or is likely to occur and/or recur;

(2) Level II--violations that demonstrate a potential for harm or other adverse impact to public health, safety, or welfare; or

(3) Level III--violations that are not likely to substantially affect public health, safety, or welfare.

(d) The range of administrative penalties by severity levels is as follows for each violation:

(1) Level I--up to $1000 per day;

(2) Level II--up to $500 per day; or

(3) Level III--up to $100 per day.

(e) Subsequent violations of the same or similar nature in the same severity level for which an administrative penalty has previously been imposed may be categorized at the next higher severity level, based upon the repeated violation. Subsequent Level I violations of the same or similar nature for which an administrative penalty has previously been imposed at the Level I severity level may be assessed a higher penalty within that severity level, up to $1,000 per day per violation, based upon the repeated violation.

Source Note: The provisions of this §140.427 adopted to be effective August 9, 2012, 37 TexReg 5788