SECTION 300.606. Administrative Penalty

(a) The department may impose an administrative penalty against a person who holds a license or is registered under this chapter and who violates this chapter.

(b) The department shall notify a retailer of consumable hemp products of a potential violation concerning consumable hemp products sold by the registrant and provide the registrant an opportunity to resolve such violations made unintentionally or negligently within ten business days after the department notifies the registrant.

(c) The department shall assess administrative penalties based upon one or more of the following criteria:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) efforts to correct the violation; and

(5) any other matter that justice may require in relation to the violation.

(d) If the department determines that a violation has occurred, the department shall issue a notice of violation that states the facts on which the determination is based, including an assessment of the penalty.

(e) The notice of violation shall be in writing and sent to the license holder by certified mail. The notice must include a summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(f) Within 20 business days after the date the person receives the notice of violation, the person in writing may accept the determination and recommended penalty of the department or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(g) If the person accepts the determination and recommended penalty, the department by order shall impose the recommended penalty.

(h) If the person charged with the violation does not respond in writing within 20 business days after the date the person receives the notice of violation, the department shall assess the penalty after determining that a violation occurred and the amount of penalty. The department shall issue an order requiring that the person pay the penalty.

(i) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings.

Source Note: The provisions of this §300.606 adopted to be effective August 2, 2020, 45 TexReg 5195