SECTION 296.318. Administrative Penalty

(a) DSHS may impose an administrative penalty against a person who violates this chapter, the Act, or an order issued under the Act or this chapter.

(b) The maximum administrative penalty is $10,000 per day, per violation. DSHS may consider each day that a violation continues as a separate violation for purposes of imposing a penalty.

(c) To determine the amount of the administrative penalty, DSHS considers:

(1) the person's history of previous violations;

(2) the seriousness of the violation;

(3) any hazard to the health and safety of the public;

(4) demonstrated good faith efforts to correct the violation and maintain compliance; and

(5) any other matter that justice may require for the violation.

(d) DSHS classifies a violation according to its level of severity.

(1) Severity Level I, critical violation. A critical violation has a direct negative impact on public health and safety.

(2) Severity Level II, serious violation. A serious violation could threaten public health and safety.

(3) Severity Level III, significant violation. A significant violation could lead to more serious consequences for public health and safety if uncorrected.

Source Note: The provisions of this §296.318 adopted to be effective July 8, 2021, 46 TexReg 3880