1. (a) In addition to or in lieu of discipline imposed pursuant to §36.52 of this title (relating to Advisory Letters, Reprimands and Suspensions of a Certificate of Registration) the department may impose an administrative penalty on a person who violates §1956.036 of the Act.
2. (b) For a first (1st) violation, the penalty may not exceed $500.
3. (c) For a second (2nd) violation, within the preceding one (1) year period, the penalty may not exceed $1,000.

4. (d) In determining the amount of the administrative penalty, the department shall consider:

   1. (1) The degree of knowledge or intent;
   2. (2) The amount necessary to deter a future violation;
   3. (3) Efforts to correct the violation; and
   4. (4) Any other matter that justice may require.
5. (e) Upon receipt of a notice of administrative penalty under this section, a person may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearings). The failure to timely appeal the proposed action will result in the issuance of a final order.

Source Note:The provisions of this §36.60 adopted to be effective January 10, 2016, 41 TexReg 498.