| (a) Authority. The department, after notice and opportunity
for hearing, may impose an administrative penalty against a person
or the holder of the permit who:
(1) provides false information on a permit application
or another form required by the department concerning the issuance
of an oversize or overweight permit;
(2) violates this chapter or Transportation Code, Chapters
621, 622, or 623;
(3) violates an order adopted under this chapter or
Transportation Code, Chapters 621, 622, or 623; or
(4) fails to obtain an oversize or overweight permit
that is required under this chapter or Transportation Code, Chapters
621, 622, or 623.
(b) Amount of administrative penalty.
(1) In an action brought by the department, the aggregate
amount of administrative penalty shall not exceed $5,000 unless it
is found that the person or the holder of the permit knowingly committed
a violation.
(2) In an action brought by the department, if it is
found that the person or the holder of the permit knowingly committed
a violation, the aggregate amount of administrative penalty shall
not exceed $15,000. "Knowingly" means actual awareness of the act
or practice that is the alleged violation, or acting with deliberate
ignorance of or reckless disregard for the violation involved. Actual
awareness may be inferred from the conduct of the alleged violator
or from the history of previous violations by the alleged violator.
(3) In an action brought by the department, if it is
found that the person or the holder of the permit knowingly committed
multiple violations, the aggregate amount of administrative penalty
for the multiple violations shall not exceed $30,000.
(4) Each day a violation continues or occurs is a separate
violation for purposes of imposing an administrative penalty.
(5) Any recommendation that an administrative penalty
should be imposed must be based on the following factors:
(A) 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;
(B) the economic harm to property or the environment
caused by the violation;
(C) the history of previous violations;
(D) the amount necessary to deter future violations;
(E) efforts made to correct the violation; and
(F) any other matters that justice may require.
|
| Source Note: The provisions of this §219.121 adopted to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359; amended to be effective May 3, 2012, 37 TexReg 3195; amended to be effective December 14, 2015, 40 TexReg 8900 |
