1. (a) Regulatory violations of the following statutory and rule provisions will be assessed a base penalty of $250, $500, or $1,000 as shown in this chart:
   Attached Graphic
   
2. (b) The penalty chart in subsection (a) of this section is non-exclusive; 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 administrative penalties.
3. (c) Penalties assessed pursuant to subsection (a) of this section may be augmented or discounted based upon the number of violations and other circumstances surrounding the violation, according to the commission Penalty Policy in effect on the date of the issuance of the Notice of Violation.
4. (d) The number of days of license or permit suspension offered to the respondent in lieu of the penalty shall be commensurate with the penalty assessed under this section and calculated according to the commission Penalty Policy in effect on the date of the issuance of the Notice of Violation.
5. (e) The Penalty Policy shall be publicly available and published on the commission's website.
6. (f) The commission shall review the Penalty Policy and update or revise it as necessary at least once every seven (7) years.
7. (g) 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.

Source Note:The provisions of this §34.3 adopted to be effective March 1, 2021, 45 TexReg 8772.