| (a) The board, the executive director, an administrative
law judge, and the participants in an informal settlement conference
may arrive at a greater or lesser sanction than suggested in these
rules. The minimum administrative penalty shall be $100 per violation.
Pursuant to §1001.502(a) of the Act, the maximum administrative
penalty shall be $5,000.00 per violation of Chapter 1001 or a rule
adopted or order issued under that chapter. Each day a violation continues
or occurs is considered a separate violation for the purpose of assessing
an administrative penalty. Allegations and disciplinary actions will
be set forth in the final board order, and the severity of the disciplinary
action will be based on the following factors:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the prohibited act and
the hazard or potential hazard created to the health, safety, or economic
welfare of the public;
(2) the history of prior violations of the respondent;
(3) the severity of penalty necessary to deter future
violations;
(4) efforts or resistance to efforts to correct the
violations;
(5) the economic harm to property or the environment
caused by the violation; and
(6) any other matters impacting justice and public
welfare, including any economic benefit gained through the violations.
(b) The following is a table of suggested sanctions
the board may impose against license holders for specific violations
of the Act or board rules. NOTE: In consideration of subsection (a)(1)
- (6) of this section, the sanction issued may be less than or greater
than the suggested sanctions shown in the following table. Also, for
those suggested sanctions that list "suspension", all or any portion
of the sanction could be probated, depending on the severity of each
violation and the specific case evidence.
Attached Graphic
(c) The following is a table of suggested sanctions
that may be imposed against a person or business
entity for specific violations of the Act or board rules. NOTE:
In consideration of subsection (a)(1) - (6) of this section, the sanction
issued could be less than or greater than the suggested sanctions
shown in the following table.
Attached Graphic
(d) The following is a table of suggested sanctions
that may be imposed against a person or business entity for violations
of the Act or board rules involving firm registration. NOTE: In consideration
of subsection (a)(1) - (6) of this section, the sanction issued could
be less than or greater than the suggested sanctions shown in the
following table.
Attached Graphic
(e) The following is a table of suggested sanctions
that may be imposed against a governmental entity and/or its representative
for violations of the Act or board rules. NOTE: In consideration of
subsection (a)(1) - (6) of this section, the sanction issued could
be less than or greater than the suggested sanctions shown in the
following table. Injunctive action could also result from a second
or later occurrence of these violations.
Attached Graphic
|
| Source Note: The provisions of this §139.35 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective March 20, 2006, 31 TexReg 2158; amended to be effective June 20, 2006, 31 TexReg 4862; amended to be effective September 4, 2006, 31 TexReg 7125; amended to be effective December 10, 2006, 31 TexReg 9834; amended to be effective April 27, 2008, 33 TexReg 3267; amended to be effective December 21, 2008, 33 TexReg 10182; amended to be effective December 11, 2011, 36 TexReg 8377; amended to be effective June 18, 2012, 37 TexReg 4416; amended to be effectiveSeptember 9, 2012, 37 TexReg 6915; amended to be effective December 17, 2013, 38 TexReg 9047; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective June 19, 2017, 42 TexReg 3147; amended to be effective March 15, 2018, 43 TexReg 1441; amended to be effective December 27, 2020, 45 TexReg 9208; amended to be effective July 3, 2022, 47 TexReg 3689 |
