1. (a) Authority. The department may impose an administrative penalty against a person who:

   1. (1) provides false information on a permit application or another form provided to the department concerning the issuance of an oversize or overweight permit;
   2. (2) violates this chapter or Transportation Code, Chapters 621, 622, or 623;
   3. (3) violates an order adopted under this chapter or Transportation Code, Chapters 621, 622, or 623; or
   4. (4) fails to obtain an oversize or overweight permit that is required under this chapter or Transportation Code, Chapters 621, 622, or 623.

2. (b) Amount of penalty.

   1. (1) Except as provided by this section, the amount of the penalty may not exceed $5,000 for each violation.
   2. (2) If it is found that the person knowingly committed a violation, the penalty for that violation may be in an amount not to exceed $15,000. A person acts knowingly if the person acts with knowledge that the act constitutes or violates Transportation Code, Chapters 621, 622, or 623, this chapter, or an order adopted under this chapter.
   3. (3) If it is found that the person 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 under 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 under this section.

   5. (5) Amount of penalty. 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 §219.121 adopted to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359.