(a) In addition to any other action or penalty authorized by law, the commission may impose an administrative penalty against a law enforcement agency or governmental entity, including a school district, for violations of commission statutes or rules.
(b) In determining total penalty amounts, the commission shall consider:
  (1) the seriousness of the violation;
  (2) the respondent's history of violations;
  (3) the amount necessary to deter future violations;
  (4) efforts made by the respondent to correct the violation; and
  (5) any other matter that justice may require.
(c) The following is a nonexclusive list of the per day per violation base penalty amounts for:
  (1) Appointing an unlicensed person as a peace officer, jailer, or telecommunicator, $1,000;
  (2) Appointing or employing an unlicensed or ineligible person as a school marshal, $1,000;
  (3) Appointing as a peace officer or jailer a person disqualified because of criminal history, $1,000;
  (4) Appointing a person who does not meet minimum licensing or appointment standards as a peace officer or jailer, $750;
  (5) Appointing or continued appointment of a person as a peace officer or jailer with a revoked, suspended, or cancelled license or who is otherwise ineligible for appointment or licensure, $1,000;
  (6) Failing to timely submit any required appointment documents, $350;
  (7) Failing to timely submit any required appointment, notice, or separation documents related to school marshals, $1000;
  (8) Failing to timely submit or deliver an F-5 Report of Separation, $350;
  (9) Failing to timely submit racial profiling data to the commission, $1,000;
  (10) Failing to timely report to the commission the reason(s) a license holder(s) appointed by the law enforcement agency or governmental entity are not in compliance with continuing education standards, $250;
  (11) Failing to timely comply with substantive provisions of any order(s) issued under commission statutes or rules, $750;
  (12) Failing to timely comply with technical provisions of any order(s) issued under commission statutes or rules, $350;
  (13) Failing to timely comply with required audit procedures, $350;
  (14) Failing to timely submit or maintain any document(s) as required by commission statutes or rules, $250;
  (15) Other noncompliance with commission statutes or rules not involving fraud, deceit, misrepresentation, intentional disregard of governing law, or actual or potential harm to the public or integrity of the regulated community as a whole, $200.
(d) In determining the total penalty amount, the commission may consider the following aggravating factors:
  (1) the severity and frequency of violations;
  (2) multiple or previous violations;
  (3) actual or potential harm to public safety;
  (4) whether the violation could constitute criminal activity;
  (5) evidence of an intent to defraud, deceive, or misrepresent; and
  (6) any other aggravating factors existing in a particular case.
(e) In determining the total penalty amount, the commission may consider the following mitigating factors:
  (1) immediacy and degree of corrective action; and
  (2) any other matter that justice may require.
(f) The presence of mitigating factors does not constitute a requirement of dismissal of a violation of commission statutes or rules.
(g) Subject to final approval of the commission, the executive director has the discretion to enter into an agreed order. In return for compromise and settlement, the total penalty amount in an agreed order may be calculated using a base amount below those listed in this rule.
(h) The commission will provide written notice to a law enforcement agency or governmental entity of any alleged violations.
(i) By written answer, a law enforcement agency or governmental entity may request a hearing challenging the allegations set forth in the notice letter. Failure to file an answer within twenty days after being provided written notice may result in the entry of a default order. The default order may include additional penalties for failing to respond to the notice letter or failing to correct any alleged violations.
(j) The effective date of this section is February 1, 2014.

Source Note: The provisions of this §223.2 adopted to be effective January 1, 2012, 36 TexReg 9000; amended to be effective May 2, 2013, 38 TexReg 2376; amended to be effective February 1, 2014, 38 TexReg 9619