| (a) In addition to any other action or penalty authorized
by law, the commission may impose an administrative penalty against
a law enforcement agency or governmental entity, including a school
district, for violations of commission statutes or rules.
(b) In determining total penalty amounts, the commission
shall consider:
(1) the seriousness of the violation;
(2) the respondent's history of violations;
(3) the amount necessary to deter future violations;
(4) efforts made by the respondent to correct the violation;
and
(5) any other matter that justice may require.
(c) The following is a nonexclusive list of the per
day per violation base penalty amounts for:
(1) Appointing an unlicensed person as a peace officer,
jailer, or telecommunicator, $1,000;
(2) Appointing or employing an unlicensed or ineligible
person as a school marshal, $1,000;
(3) Appointing as a peace officer or jailer a person
disqualified because of criminal history, $1,000;
(4) Appointing a person who does not meet minimum licensing
or appointment standards as a peace officer or jailer, $750;
(5) Appointing or continued appointment of a person
as a peace officer or jailer with a revoked, suspended, or cancelled
license or who is otherwise ineligible for appointment or licensure,
$1,000;
(6) Failing to timely submit any required appointment
documents, $350;
(7) Failing to timely submit any required appointment,
notice, or separation documents related to school marshals, $1000;
(8) Failing to timely submit or deliver an F-5 Report
of Separation, $350;
(9) Failing to timely submit racial profiling data
to the commission, $1,000;
(10) Failing to timely report to the commission the
reason(s) a license holder(s) appointed by the law enforcement agency
or governmental entity are not in compliance with continuing education
standards, $250;
(11) Failing to timely comply with substantive provisions
of any order(s) issued under commission statutes or rules, $750;
(12) Failing to timely comply with technical provisions
of any order(s) issued under commission statutes or rules, $350;
(13) Failing to timely comply with required audit procedures,
$350;
(14) Failing to timely submit or maintain any document(s)
as required by commission statutes or rules, $250;
(15) Other noncompliance with commission statutes or
rules not involving fraud, deceit, misrepresentation, intentional
disregard of governing law, or actual or potential harm to the public
or integrity of the regulated community as a whole, $200.
(d) In determining the total penalty amount, the commission
may consider the following aggravating factors:
(1) the severity and frequency of violations;
(2) multiple or previous violations;
(3) actual or potential harm to public safety;
(4) whether the violation could constitute criminal
activity;
(5) evidence of an intent to defraud, deceive, or misrepresent;
and
(6) any other aggravating factors existing in a particular
case.
(e) In determining the total penalty amount, the commission
may consider the following mitigating factors:
(1) immediacy and degree of corrective action; and
(2) any other matter that justice may require.
(f) The presence of mitigating factors does not constitute
a requirement of dismissal of a violation of commission statutes or
rules.
(g) Subject to final approval of the commission, the
executive director has the discretion to enter into an agreed order.
In return for compromise and settlement, the total penalty amount
in an agreed order may be calculated using a base amount below those
listed in this rule.
(h) The commission will provide written notice to a
law enforcement agency or governmental entity of any alleged violations.
(i) By written answer, a law enforcement agency or
governmental entity may request a hearing challenging the allegations
set forth in the notice letter. Failure to file an answer within twenty
days after being provided written notice may result in the entry of
a default order. The default order may include additional penalties
for failing to respond to the notice letter or failing to correct
any alleged violations.
(j) The effective date of this section is February
1, 2014.
|
| Source Note: The provisions of this §223.2 adopted to be effective January 1, 2012, 36 TexReg 9000; amended to be effective May 2, 2013, 38 TexReg 2376; amended to be effective February 1, 2014, 38 TexReg 9619 |
