A complaint case shall be opened no later than the 30th day after formal notice to the fire department, training provider or individual, concerning unresolved major violations found during an inspection. A hearing will be scheduled with the fire department, training provider or individual to determine administrative actions or penalties. The Commission shall consider the following factors when determining administrative penalties:

1. (1) compliance history;
2. (2) seriousness of the violation;
3. (3) the safety threat to the public or fire personnel;
4. (4) any mitigating factors; and
5. (5) any other factors the commission considers appropriate.

Source Note:The provisions of this §445.13 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective November 18, 2009, 34 TexReg 8041.