535.219: Schedule of Administrative Penalties

(a) The Commission may suspend or revoke a license or take other disciplinary action authorized by Chapter 1102 in addition to or instead of assessing the administrative penalties set forth in this section.

(b) The administrative penalties set forth in this section consider the criteria listed in §1101.702(b) of the Act.

(c) An administrative penalty range of $100 – $1,500 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:

(1) §1101.652(a)(8);

(2) §1102.118;

(3) §1102.305;

(4) §1102.364;

(5) 22 TAC §535.216(d);

(6) 22 TAC §535.217;

(7) 22 TAC §535.220(a) – (d);

(8) 22 TAC §535.221; and

(9) 22 TAC §535.223.

(d) An administrative penalty range of $500 – $3,000 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:

(1) §§1101.652(a)(3) – (4);

(2) §1102.301;

(3) 22 TAC §535.222;

(4) 22 TAC §535.226(d) – (e); and

(5) 22 TAC §§535.227 – 535.233.

(e) An administrative penalty of $1,000 – $5,000 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:

(1) §§1101.652(a)(2), (5) – (6);

(2) §1102.101;

(3) §1102.102;

(4) §1102.103;

(5) §1102.302;

(6) §1102.303;

(7) §1102.304;

(8) 22 TAC §535.208(f);

(9) 22 TAC §535.211;

(10) 22 TAC §535.215;

(11) 22 TAC §535.220(e)(1), (3) – (7); and

(12) 22 TAC §535.224(b)(1) – (2).

(f) The Commission may assess an administrative penalty of up to two times that outlined under subsections (c), (d), and (e) of this section, subject to the maximum penalties authorized under §1101.702(a) of the Act, if a person has a history of previous violations.

The provisions of this §535.219 adopted to be effective September 1, 2011, 2011, 36 TexReg 5212;

amended to be effective January 1, 2015, 39 TexReg 9669;

amended to be effective January 1, 2016, 40 TexReg 8249;

amended to be effective March 5, 2019, 44 TexReg 1126;

amended to be effective December 11, 2019, 44 TexReg 7709