1. (a) If a person violates Texas Labor Code Annotated, Chapter 91 (Vernon 1999), or a rule, or order of the Commissioner or Commission relating to this Code and Chapter, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with this Code or the Texas Occupations Code, Chapter 51 (Vernon 1999), and 16 Texas Administrative Code, Chapter 60 (1999) of this title (relating to the Texas Department of Licensing and Regulation).

2. (b) In determining the amount of a proposed administrative penalty or the degree of a proposed sanction, the Department shall consider the following factors.

   1. (1) The severity or seriousness of the violation.
   2. (2) Whether the violation was willful or intentional.
   3. (3) Whether the license holder acted in good faith to avoid or mitigate the violation.
   4. (4) Whether the license holder has engaged in similar violations in the past, and the penalties previously assessed by the department against other license holders under this chapter.
   5. (5) The amount necessary to deter a future violation.
   6. (6) Efforts made to correct the violation.
   7. (7) Any other matter that justice may require.
3. (c) Enforcement Plan--Penalties and Sanctions
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Source Note:The provisions of this §72.90 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective December 28, 2000, 25 TexReg 12686.