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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 807CAREER SCHOOLS AND COLLEGES
SUBCHAPTER SSANCTIONS
RULE §807.351Notice and Administration of Sanctions

(a) Pursuant to its authority under §132.152 of the Act, the Agency may impose administrative penalties or other sanctions on an entity for violations of §132.151 of the Act or this chapter.

(b) The Agency shall serve notice of a sanction, with determination of the violation on which it is based, by both U.S. mail and certified mail, return receipt requested, mailed to the owner's address of record as listed on the application for certificate of approval. Unless there is other evidence of receipt, notice is presumed received five days from the date it is mailed by the Agency.

(c) In imposing administrative penalties or other sanctions, the Agency shall consider all the factors that it deems relevant, including, but not limited to, the following:

  (1) The amount of administrative penalty or level of sanction necessary to ensure immediate and continued compliance with statutes and regulations;

  (2) The conduct of the entity in taking all reasonable steps or procedures necessary and appropriate to comply with statutes and regulations and to correct the violation; and

  (3) The entity's prior violations of statutes, regulations, or orders administered, adopted, or issued by the Commission.

(d) Notwithstanding subsections (a) - (c) of this section, the Agency shall order refunds pursuant to applicable statute and rules.


Source Note: The provisions of this §807.351 adopted to be effective January 23, 2012, 37 TexReg 200

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