1. (a) In accordance with the Texas Optometry Act, §4.05, administrative penalties may be assessed for violations of the Act or rule or order of the board. Either the executive director or a subcommittee of the board, to include at least one public member of the board, may assess a penalty for each violation and present a report to the board concerning the facts on which the determination was based and the amount of penalty. The range of penalty is $500 to $2,500.

2. (b) The amount of the penalty shall be based on:

   1. (1) the seriousness of the violation, including nature, circumstances, extent, and gravity of any prohibited act, and hazard or potential hazard created to the health, safety, or economic welfare of the public;
   2. (2) the economic harm to property or the environment caused by the violation;
   3. (3) the history of previous violations;
   4. (4) the amount necessary to deter future violations;
   5. (5) efforts to correct the violation; and
   6. (6) any other matter that justice may require.

3. (c) Penalties imposed by the board pursuant to subsections (a) and (b) of this section may be imposed for each violation subject to the following limitations:

   1. (1) imposition of an administrative penalty not to exceed $2,500 for each violation;
   2. (2) each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
4. (d) The provisions of subsections (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 §277.6 adopted to be effective January 7, 1994, 18 TexReg 9934.