1. (a) The department may impose an administrative penalty for a violation of HSC, Chapter 486, or these rules.
2. (b) The amount of the administrative penalty may be up to $1000 per violation per day, not to exceed $20,000 for a violation of a continuing nature.

3. (c) The amount of the penalty is based on:

   1. (1) the seriousness of the violation;
   2. (2) the threat to health or safety caused by the violation;
   3. (3) the history of previous violations;
   4. (4) the amount necessary to deter a future violation;
   5. (5) whether the violator demonstrated good faith, including good faith efforts to correct the violation; and
   6. (6) any other matter that justice may require.
4. (d) The department may revoke a COA for a violation of HSC, Chapter 486, or these rules. The department may also revoke a COA if the COA holder is convicted of any offense related to the manufacture or distribution of illegal drugs.
5. (e) A request for a hearing by a COA holder in response to a notice of violation will be referred to the State Office of Administrative Hearings. An informal enforcement conference with the department may be held prior to a hearing to dispose of all matters related to the notice of violation.
6. (f) Failure to respond within 15 days to a Notice of Violation letter issued by the department may result in the factual allegations listed in the notice being deemed admitted, and the relief sought in the notice of hearing may be granted by default. The Commissioner of the Department of State Health Services or his designee may sign the default order.
7. (g) Hearings at the State Office of Administrative Hearings are governed by the procedures in Government Code, Chapter 2001, and by Health and Safety Code, Chapter 486.

Source Note:The provisions of this §230.16 adopted to be effective June 19, 2006, 31 TexReg 4863.