| (a) The committee may assess an administrative penalty in accordance with the Act. (b) The complaints subcommittee, with the approval of the committee, may propose a fine not to exceed $250 plus costs for the first violation and not to exceed $1,000 plus costs for each subsequent violation of the Act, and the rules adopted under the Act, on any person or entity described in the Act. The fine may be invoked as an alternative to any other disciplinary measure, except for probation. (c) The amount of an administrative penalty shall be based on the following criteria. (1) The seriousness of a violation shall be categorized by one of the following severity levels: (A) Level I--violations that have or had an adverse impact on the health or safety of a client (or former client, where applicable); (B) Level II--violations that have or had the potential to cause an adverse impact on the health or safety of a client (or former client, where applicable) but did not actually have an adverse impact; or (C) Level III--violations that have no or minor health or safety significance. (2) The range of administrative penalties by severity levels are as follows: (A) Level I--$500 to $1,000; (B) Level II--$250 to $500; or (C) Level III--no more than $250. (3) Subsequent violations in the same severity level for which an administrative penalty has previously been imposed shall be categorized at the next higher severity level. (4) Adjustments to the range of an administrative penalty may be made for: (A) prompt reporting; (B) corrective action; (C) compliance history; or (D) multiple violations. |
| Source Note: The provisions of this §141.19 adopted to be effective February 12, 1997, 22 TexReg 1315; amended to be effective September 9, 2001, 26 TexReg 6671; amended to be effective August 1, 2006, 31 TexReg 5964; amended to be effective September 28, 2010, 35 TexReg 8751 |
