SECTION 80.269. Commission's Decision after Contested Enforcement Case Hearing

(a) In an enforcement case, a decision shall also include provisions requiring remedial relief (technical ordering provisions), as necessary, and one of the following findings:

(1) that a violation has occurred and that a specific amount of penalties should be assessed;

(2) that a violation has occurred but that no penalty should be assessed; or

(3) that no violation has occurred.

(b) When assessing an administrative penalty, the commission shall analyze each factor prescribed by the applicable statute to be considered by the commission in determining the amount of the penalty.

(c) Weight to be given by the commission to individual statutory factors for determining penalty amount need not be equal and may vary depending on the facts of the particular case. The absence of evidence as to any particular factor does not negate the ability of the commission to arrive at a finding of an appropriate penalty based upon the totality of the circumstances, though such lack of evidence may be a factor in reducing or increasing the penalty amount.

Source Note: The provisions of this §80.269 adopted to be effective June 6, 1996, 21 TexReg 4763.