(a) The comptroller may, in addition to other penalties provided by law, impose an administrative penalty against a participating depository institution for:
  (1) failure to maintain collateral in an amount and in the manner required by Government Code, §2257.104 and this chapter, if the participating depository institution has not remedied the violation before the third business day after the date the notice is issued;
  (2) failure to timely file a report required under Government Code, §2257.105 and this chapter; or
  (3) failure to pay an assessment within 45 calendar days after the date it receives the notice.
(b) In an action under Government Code, §2257.108, the comptroller may consider the failure of a public entity to properly inform the participating depository institution of a significant change in amount or activity in its deposits as a mitigating factor if it causes the participating depository institution to be in violation of the collateral requirements under Government Code, §2257.104 and the rules of the comptroller.
(c) The comptroller will notify a participating depository institution if it is in violation of any reporting requirements, collateral requirements, or in the event of failure to pay the annual assessment.
(d) The comptroller and the participating depository institution may agree to informally resolve a pending violation and penalty.
(e) A proceeding to impose a penalty under Government Code, §§2257.107, 2257.108, and 2257.109 and this section, is a contested case under Government Code, Chapter 2001.
(f) If, after a determination that a penalty is due, the participating depository institution fails to pay the penalty, the comptroller may refer the matter to the attorney general for enforcement.
(g) The participating depository institution may stay enforcement of the penalty during the time the order is under judicial review in the manner provided in Government Code, §2257.113.

Source Note: The provisions of this §4.118 adopted to be effective October 19, 2010, 35 TexReg 9345