SECTION 807.351. Notice and Administration of Sanctions

(a) Pursuant to its authority under §132.152 of the Act, the Agency may impose administrative penalties or other sanctions on an entity for violations of §132.151 of the Act or this chapter.

(b) The Agency will serve notice of a sanction, with determination of the violation on which it is based, by both email and certified mail, return receipt requested, mailed to the owner's address of record as listed on the application for certificate of approval. Unless there is other evidence of receipt, notice is presumed received five days from the date it is mailed by the Agency.

(c) In imposing administrative penalties or other sanctions, the Agency may consider all the factors that it deems relevant, including, but not limited to, the following:

(1) The amount of administrative penalty or level of sanction necessary to ensure immediate and continued compliance with statutes and regulations;

(2) The conduct of the entity in taking all reasonable steps or procedures necessary and appropriate to comply with statutes and regulations and to correct the violation; and

(3) The entity's prior violations of statutes, regulations, or orders administered, adopted, or issued by the Agency.

(d) Notwithstanding subsections (a) - (c) of this section, the Agency may order refunds pursuant to applicable statute and rules.

Source Note: The provisions of this §807.351 adopted to be effective January 23, 2012, 37 TexReg 200; amended to be effective November 28, 2022, 47 TexReg 7914