| (a) If a person violates any provision of Occupations
Code, Chapter 651; Health and Safety Code, Chapters 193, 361, 695,
711, 716; Finance Code Chapter 154; Tex. Admin. Code, Title 22, Part
10; or an order of the Executive Director or Commissioners, proceedings
may be instituted to impose administrative penalties, administrative
sanctions, or both administrative penalties and sanctions in accordance
with the provisions of Occupations Code §§651.5515 - 651.552.
(b) The Administrative Penalties and Sanctions Schedule
published following this section sets penalty limits and ranges by
class of offense and number of offenses.
(c) The Commission may negotiate a lower penalty than
outlined in the Administrative Penalties and Sanctions Schedule based
on the following factors:
(1) Attempts by the licensee to correct or stop the
violation;
(2) Number of complaints previously found justified
against licensee;
(3) Whether the act was unintentional; and
(4) Other mitigating factors that could warrant a lower
penalty.
(d) Multiple violations of Occupations Code, Chapter
651; Health and Safety Code, Chapters 193, 361, 695, 711, 716; Finance
Code Chapter 154; Tex. Admin. Code, Title 22, Part 10, may result
in higher penalties. Multiple violations may consist of violation
of more than one section of the law, numerous violations of the same
section of the law, or a combination of both.
(e) The Commission may require a licensee to issue
a refund to a consumer in lieu of or in addition to assessing an administrative
penalty. The amount of a refund ordered under this section may not
exceed the actual amount paid by the person to the license holder.
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