(a)The administrative penalties set forth in this section take into consideration all of the criteria listed in §1303.355(c) of the Act [of the Texas Occupations Code]. (b)An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes: (1)22 TAC §539.137(b); [(2)§1303.202(a);] [(3)§1303.202(b);] [(4)§1303.052; and] (2)[(5)] §1303.352(a)(1); (3)§1303.352(a)(7); (4)22 TAC §539.64; (5)22 TAC §539.65; (6)22 TAC §539.66; and (7)22 TAC §539.82. (c)An administrative penalty range of $500 - $5,000 per violation per day may be assessed for the following violations of the Texas Occupations and Administrative Codes: (1)§1303.052 (2)[(1)] §1303.101; (3)[(2)] §1303.151; [(3)22 TAC §539.81]; (4)§1303.153; (5)§1303.352(a)(2) - (6); (6)§1303.202(a); (7)§1303.202(b); (8)§1303.052; and (9)22 TAC §539.81. [(6)§1303.352(a)(3); and] [(7)§1303.352(a)(6).] (d)The Commission [commission] may assess an additional administrative penalty of up to two times that assessed under subsections (b) and (c) of this section if the residential service company has a history of previous violations.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 28, 2014
TRD-201404115 Kerri Lewis
General Counsel
Texas Real Estate
Commission
Earliest possible date of adoption: October 12, 2014
For further information, please call: (512) 936-3092
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