Texas Finance Code - Section 151.707. Administrative Penalty
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§ 151.707. ADMINISTRATIVE PENALTY. (a) After notice and
hearing, the commissioner may assess an administrative penalty
against a person that:
(1) has violated this chapter or a rule adopted or
order issued under this chapter and has failed to correct the
violation not later than the 30th day after the date the department
sends written notice of the violation to the person;
(2) if the person is a license holder, has engaged in
conduct specified in Section 151.703;
(3) has engaged in a pattern of violations; or
(4) has demonstrated wilful disregard for the
requirements of this chapter, the rules adopted under this chapter,
or an order issued under this chapter.
(b) A violation corrected after a person receives written
notice from the department of the violation may be considered for
purposes of determining whether a person has engaged in a pattern of
violations under Subsection (a)(3) or demonstrated wilful
disregard under Subsection (a)(4).
(c) The amount of the penalty may not exceed $5,000 for each
violation or, in the case of a continuing violation, $5,000 for each
day that the violation continues. Each transaction in violation of
this chapter and each day that a violation continues is a separate
violation.
(d) In determining the amount of the penalty, the
commissioner shall consider factors that include the seriousness of
the violation, the person's compliance history, and the person's
good faith in attempting to comply with this chapter, provided that
if the person is found to have demonstrated wilful disregard under
Subsection (a)(4), the trier of fact shall recommend that the
commissioner impose the maximum administrative penalty permitted
under Subsection (c).
(e) A hearing to assess an administrative penalty is
considered a contested case hearing and is subject to Section
151.801.
(f) An order imposing an administrative penalty after
notice and hearing becomes effective and is final for purposes of
collection and appeal immediately on issuance.
(g) The commissioner may collect an administrative penalty
assessed under this section:
(1) in the same manner that a money judgment is
enforced in court; or
(2) if the penalty is imposed against a license holder
or a license holder's authorized delegate, from the proceeds of the
license holder's security in accordance with Section 151.308(e).
Added by Acts 2005, 79th Leg., ch. 1099, § 1, eff. Sept. 1, 2005.
Section: 151.606 151.701 151.702 151.703 151.704 151.705 151.706 151.707 151.708 151.709 151.710 151.801 154.001 154.002 154.003
Last modified: August 10, 2007
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