Section 296.318 - Administrative Penalty(a) DSHS may impose an administrative penalty against a person who violates this chapter, the Act, or an order issued under the Act or this chapter.(b) The maximum administrative penalty is $10,000 per day, per violation. DSHS may consider each day that a violation continues as a separate violation for purposes of imposing a penalty.(c) To determine the amount of the administrative penalty, DSHS considers: (1) the person's history of previous violations;(2) the seriousness of the violation;(3) any hazard to the health and safety of the public;(4) demonstrated good faith efforts to correct the violation and maintain compliance; and(5) any other matter that justice may require for the violation.(d) DSHS classifies a violation according to its level of severity. (1) Severity Level I, critical violation. A critical violation has a direct negative impact on public health and safety.(2) Severity Level II, serious violation. A serious violation could threaten public health and safety.(3) Severity Level III, significant violation. A significant violation could lead to more serious consequences for public health and safety if uncorrected.25 Tex. Admin. Code § 296.318
Adopted by Texas Register, Volume 46, Number 26, June 25, 2021, TexReg 3924, eff. 7/8/2021