1. (a) Authority. The department, after notice and opportunity for hearing, may impose an administrative penalty against the following:

   1. (1) a motor carrier that 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; or
   2. (2) a motor carrier or broker that violates a federal law or regulation, the enforcement of which has been delegated to the department.

2. (b) Amount of administrative penalty for violations of state laws, rules, or orders.

   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 the 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.

3. (c) Memorandum of Agreement. Pursuant to a Memorandum of Agreement between the department and the Federal Motor Carrier Safety Administration, United States Department of Transportation, the department is authorized to initiate an enforcement action and assess civil penalties against a motor carrier or broker, as applicable, under the authority of the following:

   1. (1) 49 U.S.C. §§13702, 13704, 13707(b), 13901, 14104(b), 14706(f), 14708, 14710, 14901(d)(2) and (3), 14901(e), and 14915, as amended;
   2. (2) 49 C.F.R. §§366.4, 370.3 - 370.9, 371.3(c), 371.7, 371.105, 371.107, 371.109, 371.111, 371.113, 371.115, 371.117, 371.121, 373.201, Part 375, §§378.3 - 378.9, 387.301(b), 387.307, 387.403, and Part 386 Appendix B(g)(22) - (23), as amended; and
   3. (3) any future delegations pursuant to 49 U.S.C. §14710.
4. (d) Enforcement process for federal laws and regulations. The department will follow the process set forth in Transportation Code, §643.2525 when enforcing the federal laws and regulations cited in subsection(c) of this section via an administrative proceeding.

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; amended to be effective June 4, 2014, 39 TexReg 4272.