1. (a) Authority. The department, after notice and opportunity for hearing, may impose an administrative penalty against a motor carrier required to register under this section if the motor carrier violates a provision of Transportation Code, Chapter 643 or Chapter 645 or violates a rule or order adopted under Transportation Code, Chapter 643 or Chapter 645.

2. (b) Amount of administrative penalty.

   1. (1) In an action brought by the department the aggregate amount of administrative penalty shall not exceed $5,000 unless it is found that the motor carrier knowingly committed a violation.
   2. (2) In an action brought by the department if it is found that the motor carrier knowingly committed a violation, the aggregate amount of administrative penalty shall not exceed $15,000. A motor carrier acts knowingly if that motor carrier has acted with knowledge that acts are in violation of Transportation Code, Chapter 643 or Chapter 645, or a rule or order adopted under Transportation Code, Chapter 643 or Chapter 645.
   3. (3) In an action brought by the department if it is found that the motor carrier knowingly committed multiple violations, the aggregate amount of administrative penalty for the multiple violations shall not exceed $30,000.
   4. (4) Each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty.

   5. (5) Any recommendation that a penalty should be imposed must be based on the following factors:

      1. (A) the seriousness of the violation; including the nature, circumstances, extent and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety or economic welfare of the public;
      2. (B) the economic harm to property or the environment caused by the violation;
      3. (C) the history of previous violations;
      4. (D) the amount necessary to deter future violations;
      5. (E) efforts made to correct the violation; and
      6. (F) any other matters that justice may require.

Source Note:The provisions of this §218.71 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective December 30, 2010, 35 TexReg 11713.