1. (a) Authority. The department 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 penalty.

   1. (1) The penalty for each violation may be in an amount not to exceed $5,000.
   2. (2) If it is found that the motor carrier knowingly committed a violation, the penalty for that violation may be in an amount not to exceed $15,000. A person acts knowingly if that person 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) If it is found that the motor carrier knowingly committed multiple violations, the aggregate penalty for the multiple violations may be in an amount not to exceed $30,000. Multiple violations are all violations arising during a single episode pursuant to one scheme or course of conduct.
   4. (4) Each day a violation continues or occurs is a separate violation for purposes of imposing a 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.