Section 190.16 - Administrative Penalties(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b) The amount of the penalty shall be based on: (1) the seriousness of the violation, including; (A) whether it is an administrative violation, an aggravated administrative violation, or a patient care violation;(B) the nature, circumstances, extent, and gravity of any prohibited act; and(C) the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the economic harm to property or the environment caused by the violation;(3) the history of previous violations;(4) the amount necessary to deter a future violation; and(5) efforts to correct the violation.22 Tex. Admin. Code § 190.16
The provisions of this §190.16 adopted to be effective September 12, 2004, 29 TexReg 8512; amended to be effective January 25, 2006, 31 TexReg 396