1. (a) When the commission finds that a provisional licensee, individual licensee, or licensed funeral establishment has committed any of the acts or violated any of the provisions of Texas Civil Statutes, Article 4582b, §3(H) or §4(D), or any of the provisions of the rules and regulations promulgated by authority of that act, it shall issue a final order imposing appropriate penalties that include the placing on probation, suspension, or revocation of a license and/or administrative penalties ranging from $100-$5,000 that are in accordance with the following guidelines and/or the issuance of a reprimand:

   1. (1) §3(H)(1)--$1,000 to $5,000;
   2. (2) §3(H)(2)--$500 to $5,000;
   3. (3) §3(H)(3)--none;
   4. (4) §3(H)(4)--$500 to $5,000;
   5. (5) §3(H)(5)-(9)--$1,000 to $5,000;
   6. (6) §3(H)(10)--$500 to $5,000;
   7. (7) §3(H)(11) and §3(H)(11A)--$250 to $5,000;
   8. (8) §3(H)(12)--$500 to $2,000;
   9. (9) §3(H)(13)--$1,000 to $5,000;
   10. (10) §3(H)(14)--$100 to $2,000;
   11. (11) §3(H)(15)--none;
   12. (12) §3(H)(16)--$1,000 to $5,000;
   13. (13) §3(H)(17)--$250 to $1,000;
   14. (14) §3(H)(18)--$250 to $5,000;
   15. (15) §3(H)(19)--$500 to $5,000;
   16. (16) §3(H)(20)--$1,000 to $5,000;
   17. (17) §3(H)(21)-(24)--$500 to $5,000;
   18. (18) §3(H)(25)--$250 to $5,000;
   19. (19) §3(H)(26) and (27)--$500 to $5,000;
   20. (20) §4(D)1(a)--$250 to $5,000;
   21. (21) §4(D)1(b)--$100 to $5,000;
   22. (22) §4(D)1(c)--$500 to $3,000;
   23. (23) §4(D)1(d)--$1,000 to $5,000;
   24. (24) §4(D)1(e)--$250 to $1,000;
   25. (25) §4(D)1(f) and (g)--$250 to $5,000;
   26. (26) §6(E)b--$250 to $3,000;
   27. (27) rules--$250 to $5,000.

2. (b) Based upon consideration of the following factors, the commission may impose disciplinary action in addition to the penalties recommended in subsection (a) of this section:

   1. (1) the severity of the offense;
   2. (2) the danger to the public;
   3. (3) the number of repetition of offenses;
   4. (4) the number of complaints previously found justified against the licensee;
   5. (5) the length of time the licensee has practiced;
   6. (6) the actual damage, physical or otherwise, caused by the violations;
   7. (7) the deterrent effect of the penalty imposed;
   8. (8) attempts by licensee to correct or stop violations or refusal by licensee to correct or stop violations;
   9. (9) penalties imposed for related offenses;
   10. (10) any other mitigating or aggravating circumstances.

3. (c) Penalties imposed by the commission pursuant to subsections (a) and (b) of this section may be imposed for each violation, but may not exceed the following limitations:

   1. (1) imposition of an administrative penalty not to exceed $5,000 for each count or separate offense;
   2. (2) placement of the licensee on probation for a period of time and subject to such conditions as the commission may specify;
   3. (3) suspension or revocation of a license;
   4. (4) denial of an application for licensure.
4. (d) The provisions of subsection (a)-(c) of this section shall not be construed so as to prohibit other appropriate civil or criminal action and remedy and enforcement under other laws.

Source Note:The provisions of this §201.11 adopted to be effective October 9, 1987, 12 TexReg 3371; amended to be effective December 6, 1991, 16 TexReg 6749; amended to be effective December 1, 1993, 18 TexReg 8532.