- (a) Any person(s), firm, or business may, upon approval of the commission, be allowed to make installment payments of an administrative penalty imposed in an agreed order.
(b) A qualifying small business upon written request shall be allowed to make installment payments of an administrative penalty imposed in an agreed order, subject to the following.
- (1) For purposes of this provision, a small business shall be defined as any person, firm, or business which employs, by direct payroll and/or through contract, fewer than 100 full-time employees and with net annual receipts of less than $3 million. For the purposes of this provision, net annual receipts is defined as annual gross receipts less returns, discounts, and adjustments. The period used to determine net annual receipts under this section shall be the preceding 12-month accounting year and can be either a calendar or fiscal-based period.
- (2) A business that is a wholly-owned subsidiary of a corporation shall not qualify as a small business under this section if the parent organization does not qualify as a small business under this section.
- (3) The amount and payment schedule of monthly installments must be specified by an agreed order.
- (4) Payment schedules issued may not exceed a 12-month period.
Source Note:The provisions of this §70.9 adopted to be effective June 6, 1996, 21 TexReg 4753.