The decision to impose a sanction or make a fraud referral is at the discretion of the deputy commissioner or designee responsible for the program area affected by the violation. In determining the sanction to be imposed, the decision-maker may consider the seriousness of the program violation, the extent of the violation, prior imposition of sanctions, willingness to comply with program rules, recommendations of peer review groups, or any other pertinent information.

Source Note: The provisions of this §357.590 adopted to be effective July 1, 1986, 11 TexReg 2825; amended to be effective September 29, 1987, 11 TexReg 3226; amended to be effective August 1, 1988, 13 TexReg 3530; amended to be effective December 15, 1988, 13 TexReg 5828; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013