Section 205.64 - Administrative Penalty(a) The department may assess an administrative penalty against a person who sells an abusable volatile chemical at retail who violates the Act or a rule or order adopted under this Act.(b) A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.(c) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $5,000.(d) In determining the amount of the administrative penalty, the department shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2) the threat to health or safety caused by the violation;(3) the history of previous violations;(4) the amount necessary to deter a future violation;(5) whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and(6) any other matter that justice may require.(e) Violations will be classified in one of three severity levels.(1) Critical Violation. Severity Level III includes violations that are most significant and have a direct negative impact on public health and safety. The penalty for a Level III violation on first occurrence is up to $1000 per day, per violation. The same violation continuing for more than one day is a separate violation. Examples of Level III violations include but are not limited to: (A) operating without a valid volatile chemical sales permit for the location at which abusable volatile chemicals are sold in violation of § 205.54 of this title (relating to Permit Requirements and Conditions);(B) operating under a permit issued to another person or for another location, in violation of § 205.54 of this title;(C) falsifying information required on the volatile chemical sales permit application under § 205.56 of this title (relating to Permit Application);(D) failing to establish controls to restrict a person under the age of 18 years from access to aerosol paints displayed for retail sale at a business establishment as required under § 205.61(a) of this title (relating to Restriction of Access to Aerosol Paint);(E) interfering with, denying, or delaying department representatives in conducting an inspection at the location at which abusable volatile chemicals may be sold as required under § 205.63 of this title (relating to Compliance Inspections); or(F) committing any of the prohibited acts listed under § 205.62 of this title (relating to Prohibited Acts).(2) Serious violation. Severity Level II includes violations that are significant and which, if not corrected, could threaten public health and safety. The penalty for a Level II violation on first occurrence is up to $750 per day, per violation. The same violation continuing for more than one day constitutes a separate violation. Examples of Level II violations include, but are not limited to: (A) failing to have a volatile chemical sales permit available for inspection by the public or department as required under § 205.59 of this title (relating to Permit Available for Inspection);(B) failing to display a volatile chemical warning sign as required under § 205.60(a) of this title (relating to Requirement to Post Sign); or(C) failing to ensure that the controls established under § 205.61(a) of this title (relating to Restriction of Access to Aerosol Paint) are adequate to restrict a person under the age of 18 from access to aerosol paints.(3) Significant violation. Severity Level I includes violations that are of more than minor significance and, if left uncorrected, could lead to more serious circumstances. The penalty for a Level I violation on first occurrence is up to $500 per day, per violation. The same violation continuing for more than one day constitutes a separate violation. Examples of Level I violations include, but are not limited to: (A) failing to post a volatile chemical warning sign in a conspicuous and prominent place as required under § 205.60(b) of this title; or(B) posting a volatile chemical warning sign that does not comply with the requirements under § 205.60(c) of this title.25 Tex. Admin. Code § 205.64
The provisions of this §205.64 adopted to be effective August 19, 2002, 27 TexReg 7532