(a) In an enforcement case, a proposal for decision shall also include a proposal for remedial relief (technical ordering provisions) where appropriate, and one of the following recommendations:
  (1) that a violation has occurred and that a specific amount of penalties should be assessed;
  (2) that a violation has occurred but that no penalty should be assessed; or
  (3) that no violation has occurred.
(b) When recommending an administrative penalty, the judge shall analyze each factor prescribed by the applicable statute to be considered by the commission in determining the amount of the penalty. The judge shall recommend to the commission an appropriate penalty amount based upon the evidence presented at the hearing and the factors given in the applicable statutes.
(c) Weight to be given by the judge to individual statutory factors for determining penalty amount need not be equal and may vary depending on the facts of the particular case. The absence of evidence as to any particular factor does not negate the ability of the judge to arrive at a finding of an appropriate penalty based upon the totality of the circumstances, though such lack of evidence may be a factor in determining the penalty amount.

Source Note: The provisions of this §80.253 adopted to be effective June 6, 1996, 21 TexReg 4763.