(a) Administrative penalties.
  (1) The department may assess an administrative penalty against a person who violates the Act or this chapter.
  (2) The penalty may not exceed $1,000 for each violation. Each day of a continuing violation constitutes a separate violation.
  (3) In determining the amount of an administrative penalty assessed under this section, the department shall consider:
    (A) the seriousness of the violation;
    (B) the history of previous violations;
    (C) the amount necessary to deter future violations;
    (D) efforts made to correct the violation; and
    (E) any other matters that justice may require.
  (4) All proceedings for the assessment of an administrative penalty under this section shall be conducted at the State Office of Administrative Hearings, and pursuant to the Health and Safety Code, Chapter 245; the Government Code, Chapter 2001; and the department's formal hearing procedures set out in §§1.21, 1.23, 1.25, and 1.27 of this title.
  (5) The department may assess costs against facilities in administrative proceedings in accordance with Health and Safety Code, Chapter 245.
(b) Injunction, criminal penalties, and civil penalties. In addition to administrative penalties, the Health and Safety Code, Chapter 245, provides for injunctive relief and civil penalties for violations of that chapter and violations of these rules and also provides for criminal penalties for certain violations described therein.

Source Note: The provisions of this §139.33 adopted to be effective June 28, 2009, 34 TexReg 4125