We decide to recommend or impose enforcement actions based upon our assessment of the following:
  (1) The severity of any deficiency that is a reason for the enforcement action, including whether the deficiency involved the abuse or neglect or resulted in the death or near fatal injury of a child;
  (2) The severity and frequency of a repetition or pattern of deficiencies;
  (3) The extent to which a deficiency or repetition or pattern of deficiencies can be corrected;
  (4) How quickly you can make the necessary correction (for a suspension, whether the deficiency can be corrected within the suspension period);
  (5) Whether you demonstrate the responsibility and ability to maintain compliance with minimum standards, rules, and statutes;
  (6) Whether we must impose conditions to avoid further deficiencies;
  (7) Your compliance history;
  (8) The degree or immediacy of danger or threat of danger posed to the health or safety of children; and
  (9) Any aggravating or mitigating factors.

Source Note: The provisions of this §745.8607 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437