(a) If the Secretary of State determines that a violation of Occupations Code, Chapter 2051, or this chapter has occurred and an administrative penalty is to be assessed, the following factors shall be considered by the Secretary of State in calculating the amount of the penalty:
  (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
  (2) the economic harm to the public's interest or confidence caused by the violation;
  (3) the history of previous violations;
  (4) the amount necessary to deter future violations;
  (5) efforts to correct the violation;
  (6) whether the violation was intentional or unintentional; and
  (7) any other matter that justice may require.
(b) For each violation, the Secretary of State may assess a penalty of not more than:
  (1) $50,000 for a violation of Occupations Code, §2051.351(a)(7) or (14); or
  (2) $25,000 for any other violation.

Source Note: The provisions of this §78.151 adopted to be effective October 24, 2011, 36 TexReg 7163