1. (a) DSHS may impose an administrative penalty against a person who violates this chapter, the Act, or an order issued under the Act or this chapter.
2. (b) The maximum administrative penalty is $10,000 per day, per violation. DSHS may consider each day that a violation continues as a separate violation for purposes of imposing a penalty.

3. (c) To determine the amount of the administrative penalty, DSHS considers:

   1. (1) the person's history of previous violations;
   2. (2) the seriousness of the violation;
   3. (3) any hazard to the health and safety of the public;
   4. (4) demonstrated good faith efforts to correct the violation and maintain compliance; and
   5. (5) any other matter that justice may require for the violation.

4. (d) DSHS classifies a violation according to its level of severity.

   1. (1) Severity Level I, critical violation. A critical violation has a direct negative impact on public health and safety.
   2. (2) Severity Level II, serious violation. A serious violation could threaten public health and safety.
   3. (3) Severity Level III, significant violation. A significant violation could lead to more serious consequences for public health and safety if uncorrected.

Source Note:The provisions of this §296.318 adopted to be effective July 8, 2021, 46 TexReg 3880.