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Texas Occupations Code - OCC § 1956.041. Administrative Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who:

(1) violates this subchapter or Subchapter A-2 or a rule or order of the commission under this chapter;  or

(2) engages in conduct that would constitute an offense under Section 1956.040(c-2) or (c-4).

(b) Except as provided by Subsection (b-1), the amount of the administrative penalty may not exceed $1,000. Each day a violation occurs or continues to occur is a separate violation for the purpose of imposing a penalty under this section.  In determining the amount of the administrative penalty under this section, the commission shall consider:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation;  and

(6) any other matter that justice may require.

(b-1) The amount of an administrative penalty for engaging in conduct described by Subsection (a)(2) or for a violation of Section 1956.036(f) may not exceed $1,000 for each violation.  The aggregate penalty under this subsection for multiple violations may not exceed $10,000.

(b-2) Repealed by Acts 2019, 86th Leg., ch. 595 (S.B. 616), § 3.010(2).

(c) Repealed by Acts 2019, 86th Leg., ch. 595 (S.B. 616), § 3.010(2).

(d) Repealed by Acts 2019, 86th Leg., ch. 595 (S.B. 616), § 3.010(2).

(e) Repealed by Acts 2019, 86th Leg., ch. 595 (S.B. 616), § 3.010(2).

(f) Repealed by Acts 2019, 86th Leg., ch. 595 (S.B. 616), § 3.010(2).

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 1956.041. Administrative Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-1956-041/

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