(a) The department shall assess administrative penalties in accordance with the requirements of:
  (1) Texas Health and Safety Code Chapter 441;
  (2) this subchapter;
  (3) Texas Government Code, Chapter 2001; and
  (4) the department's formal hearing procedures in §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures).
(b) The department shall assess administrative penalties based upon one or more of the following criteria:
  (1) the Pharmaceutical Drug Manufacturer's previous violations;
  (2) the seriousness of the violation;
  (3) the Pharmaceutical Drug Manufacturer's demonstrated good faith; and
  (4) any other matters as justice may require.
(c) Each day a violation continues may be considered a separate violation.

Source Note: The provisions of this §229.4 adopted to be effective January 17, 2022, 47 TexReg 86