Sec. 205.453. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of any prohibited act; and
(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment 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.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
Structure Texas Statutes
Subtitle C - Other Professions Performing Medical Procedures
Subchapter J. Administrative Penalties
Section 205.451. Imposition of Administrative Penalty
Section 205.453. Amount of Penalty
Section 205.454. Notice of Violation and Penalty
Section 205.455. Options Following Decision: Pay or Appeal
Section 205.456. Collection of Penalty