SECTION 230.17. Enforcement

(a) The department may impose an administrative penalty for a violation of the Health and Safety Code (HSC), Chapter 486, or this subchapter.

(b) The amount of the administrative penalty may not exceed $1,000 per violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days may not exceed $20,000.

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

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2) the threat to health or safety caused by the violation;

(3) the history of previous violations;

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

(5) whether the violator demonstrated good faith, including good faith efforts to correct the violation; and

(6) any other matter that justice may require.

(d) If the department initially determines that a violation has occurred, the department will provide notice of the violation in writing to the person. The person may respond to the notice in writing not later than the 20th day after the date the person receives the notice, informing the department that the person:

(1) accepts the determination and recommended penalty; or

(2) requests a hearing on the occurrence of the violation, the amount of the penalty, or both.

(e) If a person does not respond to the department's notice within 20 calendar days after receiving the notice, the department will issue an order approving the determination by default.

(f) Hearings will be held at the State Office of Administrative Hearings and will be conducted under Government Code, Chapter 2001.

Source Note: The provisions of this §230.17 adopted to be effective October 11, 2012, 37 TexReg 8032