Texas Health and Safety Code 433.094 – Administrative Penalty
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(a) The department may assess an administrative penalty against a person who violates this chapter, a rule adopted under the authority of this chapter, or an order or license issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
(1) the person’s previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the person’s demonstrated good faith; and
(5) such other matters as justice may require.
Terms Used In Texas Health and Safety Code 433.094
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day a violation continues may be considered a separate violation.