Section 35.010 - Administrative Penalty(a) The banking commissioner may initiate a proceeding for an administrative penalty against a bank or other person by serving on the bank or other person, as applicable, notice of the time and place of a hearing on the penalty. The hearing may not be held earlier than the 20th day after the date the notice is served. The notice must:(1) be served by personal delivery or by registered or certified mail, return receipt requested;(2) contain a statement of the conduct alleged to constitute a violation; and(3) if the alleged violation is described by Section 35.009(a)(1) or (2), identify corrective action that the bank or other person must take to avoid or reduce the amount of a penalty that would otherwise be imposed under this section.(b) In determining the amount of any penalty to be imposed, the banking commissioner shall consider the following factors: (1) the financial resources of the bank or other person;(2) the good faith of the bank or other person, including any corrective action taken;(3) the gravity of the violation;(4) the history of previous violations;(5) an offset of the amount of the penalty by the amount of any penalty imposed by another state or federal agency for the same conduct; and(6) any other matter that justice may require.(c) If the banking commissioner determines after the hearing that the alleged conduct occurred and that the conduct constitutes a violation, the banking commissioner may impose an administrative penalty against a bank or other person, as applicable, in an amount:(1) if imposed against a bank, not more than $10,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is the lesser of $500,000 or one percent of the bank's assets; or(2) if imposed against a person other than a bank, not more than $5,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is $250,000.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 652,Sec. 5, eff. 9/1/2019.Amended By Acts 2011, 82nd Leg., R.S., Ch. 183, Sec. 6, eff. 5/28/2011. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. 9/1/1997.