1. (a) The commissioner of health (commissioner) may assess an administrative penalty if a person violates:

   1. (1) the Texas Youth Camp Safety and Health Act (Act), Health and Safety Code, Chapter 141;
   2. (2) a rule of the Department of Health (department) issued under the Act;
   3. (3) an order of the commissioner issued under the Act; or
   4. (4) a license issued under the Act.

2. (b) In determining the amount of the penalty, the commissioner shall consider:

   1. (1) the person's previous violations;
   2. (2) the seriousness of the violations;
   3. (3) any hazard to public health and safety;
   4. (4) the person's demonstrated good faith; and
   5. (5) such other matters as justice may require.
3. (c) The administrative penalty may not exceed $100 a day for each violation.
4. (d) Each day a violation continues may be considered a separate violation.
5. (e) Prior to assessing an administrative penalty, the department must give the person charged with a violation an opportunity for a hearing. The hearing shall be conducted in accordance with the contested case procedures in the Administrative Procedures and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and the department's formal hearing procedures in Chapter 1 of this title (relating to the Texas Board of Health).

Source Note:The provisions of this §265.25 adopted to be effective April 15, 1993, 18 TexReg 2207.