| (a) An act or failure to act that results in a violation
of the Code or rules that represents a threat to the public health,
safety, or welfare will be assessed sanctions and penalties according
to Figure 16 TAC §34.2(e) and/or a license or permit suspension
or cancellation. Each sanction in Figure 16 TAC §34.2(e) other
than cancellation includes an optional monetary penalty of $300 per
day of suspension.
(b) The list of violations in Figure 16 TAC §34.2(e)
is nonexclusive; the absence of a statute or rule from the chart does
not limit the commission's statutory authority to enforce compliance
with the Code and its rules by assessing penalties.
(c) Violations of Code §§11.61(b)(7), 32.17(a)(8),
and 61.71(a)(16), and §34.3 of this title, which are not listed
in Figure §34.2(e), will be assessed sanctions based upon all
relevant facts and circumstances.
(d) For a contested case brought under subchapters
C and D of the Administrative Procedure Act or an investigation or
violation referred to the legal services division of the commission
for resolution, the sanctions and penalties in Figure §34.2 may
be used as a guideline but adherence is not required.
(e) Nothing in this rule shall be construed to limit
the commission's authority to suspend or cancel a license or permit
under §§11.38, 11.61, 32.17, 61.71, 201.075, or any other
provision of the Code authorizing suspension or cancellation of a
license or permit.
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| Source Note: The provisions of this §34.2 adopted to be effective August 21, 2008, 33 TexReg 6583; amended to be effective October 17, 2019, 44 TexReg 5899; amended to be effective June 6, 2022, 47 TexReg 3242 |
