If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary report:

1. (1) stating the facts that support the conclusion;
2. (2) recommending that an administrative penalty under Section 401.384 be imposed; and
3. (3) recommending the amount of the penalty, which shall be based on the seriousness of the violation as determined from the facts surrounding the violation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.239, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 1072, Sec. 53, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1009, Sec. 7, eff. Sept. 1, 2001.