1. (a) The state fire marshal may, after notice and hearing required by the Administrative Procedure Act, Chapter 2001, Government Code, impose an order requiring payment of an administrative penalty or monetary forfeiture in an amount not to exceed $10,000 for each violation of law or rule enforced by or through the state fire marshal, as provided by §417.010, Government Code.
2. (b) The commission, acting through the executive director may, after notice and hearing required by the Administrative Procedure Act, Chapter 2001, Government Code, impose an order requiring payment of an administrative penalty or monetary forfeiture in an amount not to exceed $1,000 for each violation of Government Code, Chapter 419, or rule promulgated thereunder, as provided by §419.906, Government Code.

3. (c) In determining the amount of the administrative penalty or monetary forfeiture the state fire marshal or the executive director, as the case may be, shall consider:

   1. (1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited act, and the hazard or potential hazard created to the health and safety of the public;
   2. (2) the economic damage to property or the public's interests or confidences caused by the violation;
   3. (3) the history of previous violations;
   4. (4) any economic benefit gained through the violation;
   5. (5) the amount necessary to deter future violations;
   6. (6) the demonstrated good faith of the person, including efforts taken by the alleged violator to correct the violation;
   7. (7) the economic impact of imposition of the penalty or forfeiture on the person; and
   8. (8) any other matters that justice may require.

Source Note:The provisions of this §401.105 adopted to be effective October 14, 1994, 19 TexReg 7800.